Suing the government in Louisiana for a personal injury claim is complicated. Claims against government entities are governed by the Louisiana Governmental Claims Act, including claims for personal injuries.
Government tort claims have different rules than personal injury claims against private and corporate parties. The first hurdle you must clear with a government tort claim is gaining permission to sue the government.
Louisiana’s Sovereign Law for Government Tort Claims
Sovereign immunity is a legal theory based on British common law that the King could do no wrong. In modern times, the theory protects the government from being sued without their permission. In other words, under sovereign immunity, you would need permission from a government entity before you could file a lawsuit against it for a personal injury claim.
Most federal and state governments have waived sovereign immunity for various tort actions. The Louisiana Constitution clearly waives sovereign immunity for tort actions against the state, a state agency, or a political subdivision for lawsuits and liability for injury to a person or property.
However, having permission to file a government tort claim is only half the battle. You must follow the strict rules for filing government tort claims and prove your case before the government is liable to you for your economic and non-economic damages.
How to File a Personal Injury Claim Against a Government Entity in Louisiana
If your personal injury claim involves a government entity, we urge you to seek legal advice from a Lafayette government tort claims lawyer as soon as possible. The deadlines to file claims and the rules for filing claims are strict. If you make a mistake, you could lose the right to sue the government for personal injury.
An overview of filing a government tort claim in Louisiana includes:
Identify the Correct Government Agency
In most situations, the government agency that owns the vehicle or property or employs the party who caused your injury is the correct agency to file a claim. For example, if you were injured at a city-owned park, the city would be the agency to handle the claim. However, it may not always be clear, so ask an attorney.
File Notice of the Claim
You must file a written notice of claim with the correct government agency. The notice must comply with the requirements set by the government agency. Usually, the claim must include, but might not be limited to:
- Your name, address, and contact information
- The name and address of the government entity
- The location, date, and time of the accident or injury
- A description of the injury or accident
- A statement of the damages you seek
Government tort claims have very short deadlines for filing notice of claims. For example, Lafayette’s deadline for notice of claims is six months from the incident date. However, some cities or government entities might have shorter deadlines, so always act quickly.
Wait for a Response
The government entity investigates your claim. This process could take up to 45 days. The government entity must notify you whether it accepts or denies your claim.
It may also make a settlement offer. If the city makes a settlement offer, you must decide whether to accept or reject the offer.
File a Lawsuit Against the Government
If the government entity does not respond to or denies your claim, you can proceed with a personal injury lawsuit under the Louisiana Governmental Claims Act. You will need to hire a skilled personal injury lawyer to help you with the lawsuit. Beware, you have just two years from the date of the injury to file a lawsuit, not from the date the city denies your claim.
What Types of Accidents and Injuries Fall Under the Louisiana Government Tort Claims Act?
Many types of incidents could result in a government tort claim. Common government tort claims include:
Car Accidents Involving Government Vehicles or Employees
Traffic accidents are among the most common causes of personal injury claims. If a government vehicle is involved in your accident or a government employee caused the crash, you might be entitled to damages from the government.
Premises Liability Claims on Government Property
The Government Tort Claims Act also covers slip, trip, and fall accidents and other injuries on government property. Numerous government agencies could be responsible for injuries on public property. However, it may be challenging to determine which government entity is liable and if other parties could share liability for negligence.
Defective Road Maintenance and Design
State and local governments are responsible for designing and maintaining our roads and other public surfaces. The government could be liable for your damages if you are injured because of defectively designed intersections or inadequately maintained roads.
Medical Malpractice at Government Medical Facilities
Government-operated medical facilities can be held liable for acts of medical malpractice. In addition to suing the government for malpractice at a public hospital, you may also have a claim against the medical provider or other third party responsible for your injuries.
Get Help with a Government Tort Claim in Louisiana
If you believe the government owes you money for an injury or accident, call a Lafayette personal injury lawyer at (337) 399-9000 to schedule a free consultation.