Do you feel that your local city, state, or federal government is responsible for injuries you have sustained? Are you planning on filing a lawsuit against this agency? If so, it's crucial that you check out the below information right now. Government agencies have extremely strict filing procedures, and if you don't follow these procedures correctly, your case can be thrown out before it ever gets to court. Read on for 5 ways to lose your personal injury case against a government agency before it even begins.
1. Not Filing A Notice Of Claim
Filing a personal injury lawsuit against a government agency can be tricky business, and it's not recommended you take on the feat alone. If you must forge ahead without a lawyer, though, do not immediately file your lawsuit with the court.
There are laws in place to provide government agencies with ample time to review your case before you file a lawsuit. Before filing a lawsuit, you must create a notice of claim and deliver it to the agency you plan to sue.
2. Not Acting Fast Enough
Depending on what state you live in, you have between 1 and 6 years to pursue a personal injury lawsuit against a private party. Government agencies, though, have much shorter statutes of limitation, usually requiring a person to take action within 30 to 120 days.
Furthermore, different cities within the same state can have different statutes of limitation for personal injury lawsuits, so if you rely on the time frame of your state alone, you very well may miss the boat.
3. Telling Too Much On Your Notice Of Claim
Your notice of claim should include personal information such as your name and address, and it should include information about your accident, such as where it happened, a brief description of what happened, and what injuries you sustained. You should also include on the claim the dollar amount of compensation you wish to recover for your injuries.
If you're still in the process of undergoing medical procedures and this number is unknown to you, shoot as high as you need to in order to be sure that your costs are covered under the claim amount.
Keep in mind, though, that if your claim is denied and your case goes to court, your notice of claim may resurface. You'll want to make sure that your recount of the incident in court matches your recount of the incident on your notice of claim, so keep the details of the event limited when creating your notice of claim.
4. Not Waiting Long Enough After Filing Your Notice Of Claim
Don't think that you're free to file a lawsuit as soon as you get written notification of your rejection of claim. When you submit your claim to the government agency liable for your injuries, you begin what is called a "notice of claim period." This period of time usually lasts between 90 and 120 days, depending on what state you live in.
Even if the government agency immediately denies your claim, they are still entitled to their full notice of claim period in order to look over your case. If you receive a claim rejection before this time period is up and immediately file a lawsuit against the government agency, your lawsuit can be dismissed by the court.
5. Waiting For A Denial Of Claims
Just as you must file a notice of claim promptly, the government agency who receives your notice of claim must respond in a timely manner. Some government agencies, however, don't respond at all.
Remember, there is a statute of limitations on how long after your injury you may file a lawsuit. If your notice of claim period runs out before the government agency has responded to your notice of claim, you can consider it a denial and legally begin the process of suing for your damages.
When filing a lawsuit against a government agency, you're required to follow strict rules and time-sensitive procedures. If you've been injured as the result of a government agency's negligence, contact a personal injury attorney who is familiar with the process and can make sure you meet the tight demands.Share
6 January 2015
It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.