Suing the government can be a complicated process where not every case applies. Suing the county or a city can be a little easier than the federal government, but it still requires adamant attention to the rules and regulations you must follow in order to file a claim. Not every claim is successful, and you need to be prepared to complete certain steps to see it to the end of the process. Here are common questions about suing a city or county.
Is There a Statute of Limitations for Suing?
A statute of limitations is a set amount of time a person has to file a claim after an accident. For normal accidents, the average is about two years, but some states have it up to six. You must file your claim within that set time or it expires.
How Long Do You Have to Sue?
Some states have very short and strict time limits, generally only a number of days. It can be no later than 30 days or up to 120 days following your injury. Occasionally, states determine that time based on the injury rather than a single set date. You’ll need to immediately look into your own state laws to discover what applies to you.
What Is a Notice of Claim?
This notice is a document sent to the city/county agency or employee responsible for your injury. The notice should include the details of the accident and information about medical providers. You must file a notice of claim before taking any further action.
When Can You File a Lawsuit?
A lawsuit can only be filed after the expiration date for a response time has passed from the county or city. The response will be for your notice of claim. If they fail to do so, or they refuse your claim, you can then file a lawsuit. If you file before the response time has expired, your lawsuit will be thrown out by the court. You may have to wait 30 to 120 days for a response before filing.
What Is Sovereign Immunity?
Sovereign immunity is something that applies to all governments today, carried over from past laws. It determines if a government can be immune from specific types of lawsuits.
If you’re not sure about the nature of your case or if it can slip past sovereign immunity, contact a personal injury lawyer in Indianapolis, IN who deals with government cases. He or she can help decide whether the case is worth pursuing in court.
Thanks to Ward & Ward Law Firm for their insight into personal injury claims and suing a county or city.