If you are injured by another party that acted negligently, you have the right to pursue a personal injury lawsuit in Texas. Usually, the other party (the entity that acted negligently) is a business or individual. In these cases, your rights are clear. However, do you know what happens if someone suffers an injury that is caused by the government or someone who is acting on the government’s behalf? This is a unique situation, and, therefore, different laws apply. Keep reading to learn more about the options you have when it comes to making a claim against the government.
The Texas Tort Claims Act and Sovereign Immunity
For several decades, Texas tort law was regulated by sovereign immunity, which is a legal doctrine. It originated from the early days of American law and was influenced by the relationship the nation had with the legal system in England. Put simply, sovereign immunity states that the ruler of a land is unable to be sued. What this means is that any survivor of an accident caused by officials in the state or on the federal level has minimal options to recover compensation or damages. The Texas Tort Claims Act was passed in 1969 by the state. Under this law, sovereign immunity was modified and allowed individuals who suffered a personal injury the chance to file a lawsuit against the government in Texas to recover damages. However, there are requirements set by the law that an individual must meet if they want to file a lawsuit against a government entity. What this means is that the Act ensures that you can only sue the government for situations that involve a motor vehicle being driven by a government official or for accidents that occur on government-owned land. For the government to be considered liable, the Texas Tort Claims Act requires the following:- The party must have been acting within their assigned employment when an accident took place.
- The injuries, death, and property damage had to have occurred while the government agent was operating a motor vehicle.
- The party can be considered liable for an accident if they were not working as a government agent.
Understanding the Statute of Limitations in Texas for Suing the Government
Usually, a person has two years from when the injury occurred to file a personal injury claim against a non-government entity in Texas. When it comes to seeking damages from the government, though, this amount of time is much shorter. In fact, you typically have just six months from when the accident occurred to notify the government department of your intentions to sue. (Always speak directly to an attorney to understand the exact deadlines that apply to your potential claims.) When you provide notice of your intentions, it has to include:- The date when the accident or incident occurred
- The location of the accident or incident
- Injuries and damages the accident or incident caused
- A detailed description of what happened.
Understanding Damage Limitations
Based on the Texas Tort Claims Act, Section 101.023, the maximum amount of compensation a person can recover depends on the government unit that is being sued. The city and state governments have limitations of up to $250,000 for each person and $500,000 for each incident. The other government levels allow for only $100,000 for each person and $300,000 for each incident. When you file a lawsuit against a government entity, exemplary (punitive) damages are not allowed. That’s because there’s no waiver of immunity for these.Making Claims Against the Federal Government
The above information applies to the state of Texas and filing a lawsuit against city or state entities. When it comes to the federal government, it is the Federal Tort Claims Act that outlines the situations when you can file a lawsuit against a federal government entity for injuries. This is an extremely complex law and lays out very specific situations where you will be allowed to file a lawsuit against the federal government. Sometimes, the specific circumstances related to your case will exclude it, limit it, or be an exception to the rule. However, you do have the right to sue when these circumstances are present:- The lawsuit is being filed against a federal employee rather than an independent contractor that has been hired by the federal government.
- The employee was working within their scope of employment when your injury occurred.
- The negligence of the employee resulted in your injury. While there are some limited cases where you can file a lawsuit for intentional cases of misconduct, usually negligence will be the only basis for you to file a lawsuit against a federal government agent or entity.
- The claim must be allowed based on the laws in Texas (or where the negligence took place).
Common Questions About Suing Government Entities in Texas
Along with the information above, there are common questions that many people have about suing government entities. Some of these are answered here.Do you have the right to sue fire or police for negligence during an emergency response situation?
Based on the Texas Tort Claims Act, your right to take legal action against an emergency responder is extremely limited. If the state agent is responding properly to an emergency call or situation and they do not act with reckless disregard or conscious indifference for others’ safety, then there is no waiver of sovereign immunity and you cannot bring a claim against them. These laws help to protect the government from liability for government-owned and operated ambulances and the police who are involved in an accident while they are responding to an emergency situation in good faith.What agencies are considered to be governmental entities?
A better way to describe most governmental entities is to call them “public” entities. This is a category that includes virtually all operations that are funded using taxpayer money. Today, public entities include fire departments, police departments, bus companies, hospitals, public schools, and other institutions that are publicly funded.If your child is injured, do you have the right to file a lawsuit against the public school where the injury occurred?
In some circumstances, you do have this right. The authorities at the school are tasked with the duty of supervising the conduct of children while on school property. If you can show that the injury your child sustained was the result of the public school’s not properly supervising them, it may be possible to file a lawsuit against the school district. For cases that involve molestation or sexual harassment, plaintiffs usually must prove that the school district knew or should have known that the student was being harassed or abused by an employee or teacher or that there was a danger to the student and the school did not take the necessary steps to protect them.Can you file a lawsuit if you are injured because of a hazardous condition on public property?
It is possible to file a lawsuit in these situations if you can prove the following:- The property was in a dangerous or hazardous condition when your injury occurred.
- Your injury was a result of the dangerous or hazardous condition.
- The dangerous or hazardous condition created a risk of injury that was reasonably foreseeable.
- The dangerous condition was created by the omission or wrongful act of a public employee.
- The public entity was notified of the condition and had time to take steps to prevent issues, but did not take the necessary steps.
- Situations where a person falls, trips, or injures themselves in some way on a crosswalk, sidewalk, or another public area
- Cases where a dangerous roadway leads to or contributes to an accident.