Auto accident claims are, by nature, complex, but when there is an element of government liability, even more rules and statutes are added. To make matters worse, these accident victims are at an even higher risk of a denied or reduced claim when filing suit against a government entity. Thankfully, a little knowledge, along with the assistance of an attorney, can improve the outcome of your case. Learn more in the following sections.
Is a Government Entity Liable?
The government has sovereign immunity, which protects it against lawsuits, but that immunity can be waived if one an agency or employees causes an accident by acting in a negligent manner. Traffic-related examples in which a government entity may be held liable include:
- Crashes caused by negligent government employees acting in an official capacity while driving government-owned vehicles;
- Dangerous highway conditions caused by poor construction, failure to maintain the roadway, roadside hazards, or failure to remedy obvious or known traffic flow problems (not replacing or repairing broken or damaged signs, etc.);
- Crashes involving buses, construction vehicles, and other government-owned and operated vehicles.
Seeking Compensation from a Government Entity
Satisfying the conditions that would allow the government to waive sovereign immunity over one of its entities is no easy task. To complicate matters even further, victims may lose all rights to pursue compensation if they do not follow and adhere the government’s special rules and procedures. This includes:
- Sending written notice to the attorney general within 120 days and notifying them of your intent to file suit;
- Detailing the facts, circumstances, involved agencies and employees, and all injuries sustained during the accident in your notice to the attorney general; and
- Providing an exact total (and the details and evidence for) any damages you are seeking.
Victims should be aware that punitive damages are not an option in suits against government entities. However, you may still be owed compensation for damages to your property, lost wages, pain and suffering, disability, and medical-related expenses.
Multiple Parties May Be Liable in a Crash
Car crashes are complex, and there are often multiple factors and parties that cause them. As such, every accident victim should have their case carefully analyzed to ensure that all negligent parties are held responsible. This is where the aid of an experienced attorney becomes valuable.
Able to protect your rights, including your right to pursue full and fair compensation from all negligent parties, Herrling Clark Law Firm, Ltd. is the place to turn. Seasoned and compassionate, our Green Bay government crash lawyers will aggressively pursue the most favorable settlement possible in your case. Call 920-739-7366 and schedule your free initial consultation today to learn more.