Sovereign Immunity and Its Waiver
Historically, governments could not be sued under the doctrine of sovereign immunity. Today, most federal and state governments have partially waived immunity through statutes — allowing personal injury claims in specific circumstances. However, the procedures are more complex and the deadlines much shorter than standard personal injury cases.
Government Claim Notice Requirements
Most states require a formal notice of claim to be filed with the government entity before a lawsuit can be filed. Deadlines are typically 30-180 days from the date of injury. Missing the notice deadline typically bars the entire claim — there is little flexibility. If a government entity is potentially responsible for your injury, consult an attorney immediately.
Common Government Liability Scenarios
- Car accidents caused by government vehicles or negligent government drivers
- Slip-and-fall accidents on government property (courthouses, parks, public sidewalks)
- Injuries caused by poorly maintained government roads or infrastructure
- Injuries at public schools or in government-operated facilities
- Police misconduct causing injury
Damage Caps on Government Claims
Many states cap the damages available in lawsuits against government entities — sometimes significantly lower than in private party cases. Federal tort claims have their own caps and procedures under the Federal Tort Claims Act. An attorney familiar with government tort liability in your state is essential.
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InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.