When public trust is shaken by injury, loss, or damage caused by a city employee or local agency, victims are often left wondering, can I sue my local government for negligence? The short answer is yes, but it’s rarely simple.
Local government agencies, from public health care workers to police officers, hold a duty to protect the public. But when they fail, whether in a car accident involving a city vehicle or unsafe conditions in a government building, those injured have legal rights. However, these rights fall under a complex framework of laws, including state-specific government claims statutes and federal laws, along with the legal doctrine of sovereign immunity and mandatory filing procedures.
In this guide, we’ll explore how injured individuals can pursue a personal injury case against a government entity, what legal concepts protect government officials, and what steps lead to a successful lawsuit.
Understanding the Legal Concept of Sovereign Immunity
Suing a government entity is not like suing a private citizen or private business. One of the oldest barriers is the legal doctrine of sovereign immunity—a concept that protects government bodies from being sued without consent.
Sovereign immunity applies to the federal government, state government, and local government agencies. It often shields a government employee or government official from liability when performing governmental functions. However, both federal and state laws allow exceptions.
For example, the Federal Tort Claims Act (FTCA) waives sovereign immunity in certain situations, allowing victims to file injury claims against the federal agency involved, such as the Department of Veterans Affairs or government security services. At the state or local level, many states have their own tort claims acts that mirror the FTCA’s provisions. These laws provide an avenue for those hurt by a city employee or local government agencies to seek financial compensation.
Common Situations Where You Can Sue Local Government
When a local government causes preventable harm, you may have a case. Here are examples where the courts may allow personal injury claims against a governmental entity:
- A police officer causes a crash in a police car by driving recklessly
- A city bus accident leaves passengers with serious injuries
- A person trips on a broken sidewalk owned by the city government
- A malfunctioning traffic light causes a car accident
- Negligent treatment by public health care workers results in medical malpractice
In these cases, if the injured person can prove the government agency acted negligently—meaning it failed to take reasonable care—the agency can be held liable. However, unlike private parties, governments have special legal protections that make proving fault more complex.
What Makes a Negligence Lawsuit Against the Government Different?
While the fundamentals of a personal injury lawsuit remain the same—proving duty, breach, causation, and damages—the legal process is more demanding when the defendant is a state or local government.
Key differences include:
- Notice Requirements: You must often file a claim form or sue letter before pursuing civil lawsuits.
- Short Time Limits: These cases come with tight deadlines. You may have just a few months to act.
- Restricted Damages: Some state laws limit the amount of financial compensation you can recover.
For example, California requires that a notice of claim be filed within six months of the incident under Cal. Gov’t Code § 911.2(a) . If you miss this window, you may lose your right to sue even in a clear case of the city’s negligence.
These legal hurdles can delay or derail your negligence lawsuit unless addressed promptly.
What Types of Damages Can You Recover?
If your lawsuit succeeds, the court may award damages similar to those in other personal injury cases.
Compensation may include:
- Medical expenses and medical bills from injuries caused by the government employee
- Lost income and lost wages due to time off work
- Property damage (e.g., damage to your vehicle in a crash involving a government vehicle)
- Emotional distress or long-term trauma from serious injuries
Keep in mind that, unlike lawsuits against private businesses, claims against local governments often face statutory limits on recoverable damages, and in many states, such as California under Government Code § 818, public entities cannot be held liable for punitive damages at all.
How to File a Claim Against a Government Agency
Before you file a civil suit, most jurisdictions require a formal notice process. This typically involves:
Filing a Claim Form
Include details of the incident, the government agency involved, damages suffered, and supporting documentation.
Respecting the Time Limit
As noted earlier, time frames can be short, depending on the state.
Awaiting Response
The city government may investigate and choose to settle or deny the claim.
Filing the Lawsuit
If denied or unresolved, you can then move forward with civil suits in court.
While both levels of government require formal notice before filing a lawsuit, the process differs significantly. Federal claims under the FTCA require a Standard Form 95, while state or local claims require a Government Claim Form submitted within strict deadlines. Whether your claim involves government property, such as a poorly maintained park, or misconduct by a government official, the documentation must be clear, timely, and factual.
Legal Representation and Why It Matters
Because of the complex rules surrounding tort claims, governmental functions, and legal doctrine, these cases can overwhelm even the most prepared victims. That’s why working with an experienced personal injury attorney becomes vital—not just to file paperwork, but to ensure your legal action is handled in a way that leads to a fair settlement or successful lawsuit.
An experienced attorney can:
- Determine whether sovereign immunity applies
- Identify if your case qualifies under the federal tort claims act or a state equivalent
- Handle interactions with a federal agency, local government, or city employee
- Help prove negligence with evidence and expert testimony
Without proper legal representation, an injured person risks losing the opportunity for financial compensation due to technical errors, missed deadlines, or misunderstandings about legal concepts.
Know Your Rights, Take the Right Steps
Suing a local government for negligence isn’t impossible, but it demands a firm grasp of the law, strategic filing, and timely action. Whether you’ve been harmed in a crash involving a government vehicle, suffered injuries on government property, or lost wages due to a government agency’s error, the law does offer pathways to justice.
Understanding tort claims, sovereign immunity, and procedural requirements gives you a powerful advantage. If you’ve been injured due to a governmental entity’s negligence, Bourassa Law Group is here for you. Our experienced personal injury attorneys will handle these challenges, protect your rights, and seek the financial compensation you deserve. Contact us today for a free consultation.
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