Government Liability Accident Attorney HoustonHouston Government Liability Accident Attorney
Sovereign immunity is the concept that “the king can do no wrong.” It is a legal principle stemming from English law that one cannot sue the government, whether it is the federal government, a state agency, a county, a parish, a city or a school district. However, both the federal government and the state government of Texas have passed laws allowing for certain lawsuits against the government for personal injury or property damage. The Houston government liability accident attorneys at Ben Bronston & Associates understand these laws.

 

Claims Against the Federal Government
The Federal Tort Claims Act outlines the circumstances under which one may bring a suit against the federal government for injuries. The act is a very complicated law, laying out the specific circumstances under which one can bring a suit against the federal government.

While the specifics of your case may be subject to one of the many exclusions, limitations, or exceptions to the rule, in general, you may be able to sue in the following circumstances:

  • The suit is against a federal employee, not an independent contractor hired by the federal government.
  • The employee was acting within the scope of their employment at the time of your injury.
  • The employee’s negligence caused your injury. Though in some limited cases you may bring suit for intentional misconduct, generally negligence is the only basis for a claim against the federal Government.
  • The claim must be allowed under the laws of the state where the negligence occurred.

Before filing a lawsuit against the federal government, you are required to file a claim with the federal agency that was involved in your injury. It is important to file your claim as soon as possible to avoid having it dismissed for not being filed in a timely manner. In general, you have two years to file a claim from the date your injury arose.

Once the claim is filed, the agency has six months to respond. If the agency refuses to compensate your claim, you have six months from the time the agency mailed their response in which to file a lawsuit. You cannot file a lawsuit before the agency has had six months to respond to your claim. However, the time limit for filing a lawsuit does not begin until the agency responds.

Claims Against the State of Texas

The Texas Torts Claims Act was enacted in 1969 and provides certain limitations for when a citizen may sue the state or local municipality. The law covers suing state, city, county, school districts, or any other governmental unit in the State of Texas.

Under the Texas Torts Claims Act, a citizen may sue the government if:

  • Damages arose from any motor-vehicle accident.
  • Personal injury or death occurred as a result of the condition of or use of property.
  • The incident was caused by a government employee acting within the scope of their employment.
  • The employee would be liable if the accident had taken place as a private individual.

These classifications would cover any auto accident caused by a government employee or any premises liability claim against a state or local government.

Claims against the government are limited to no more than $250,000 per person and $500,000 per incident for bodily injury, and no more than $100,000 per incident for property damage.

For claims against local municipalities, the suit must be filed with the local government directly and not against the state.

Claims against the state must be filed within six months of the accident. However, claims against local government entities may have even tighter restrictions on time allowed to file suit. For claims against the City of Houston, the suit must be filed within 90 days of the accident or it will be dismissed for not being filed in a timely manner.