Suing the State of Texas for Personal Injury

Mission Personal Injury Lawyers | December 3, 2024 | Personal Injury

If you’ve been injured due to the negligence of a government entity or employee in Texas, you might wonder if you can file a personal injury claim against the state. While suing the government can be more complicated than suing a private individual or company, it is possible under certain circumstances. Learning about the process and legal requirements can help you navigate your case effectively.

Can You Sue the State of Texas for Personal Injury?

Generally, the doctrine of sovereign immunity protects the state and its subdivisions from being sued without their consent. However, Texas has waived some of its immunity through the Texas Tort Claims Act (TTCA). This law allows individuals to file claims against the state for certain types of negligence.

Types of Cases Allowed Under the Texas Tort Claims Act

The TTCA specifies the situations in which you can sue the government for personal injury. Common types of cases include:

Motor vehicle accidents: If a government employee negligently operates a motor vehicle while performing their duties, you may have a claim.
Premises liability: Injuries occurring on government property due to dangerous conditions, like slip and fall accidents.
Use of tangible personal property: Injuries caused by the misuse or malfunction of equipment or property owned by the government.

It’s important to note that intentional acts, such as assault or battery by a government employee, are generally not covered under the TTCA. The state has elected not to waive sovereign immunity for those types of claims.

Sovereign Immunity Waiver

The waiver of sovereign immunity under the TTCA is limited. To successfully file a claim, you must meet specific criteria:

The employee was acting within the scope of their employment: The negligent act must have occurred while the employee was performing their job duties.
The government entity would be liable if it were a private person: The situation must be one where a private individual would also be held responsible under Texas law.

If these conditions are met, the government entity may be held liable for your injuries.

Strict Statute of Limitations

When suing the State of Texas, time is of the essence. The TTCA imposes strict deadlines, including:

Notice requirement: you must provide written notice of your claim to the government entity within six months of the incident. Some cities or counties may have shorter notice periods, so it’s crucial to act quickly.
Statute of limitations: Generally, you have two years from the date of the injury to file a lawsuit.

Missing these deadlines can result in losing your right to seek compensation. Providing timely notice is critical because it allows the government entity to investigate the claim and potentially settle it without litigation.

Damages You Can Recover

Under the TTCA, there are limits on the damages you can recover from a government entity. The caps depend on the type of entity involved. You can recover both economic and non-economic damages in these cases.

Economic damages are the financial losses you’ve suffered due to the injury. They include:

Medical expenses: Hospital bills, surgeries, rehabilitation, and future medical care
Lost wages: Income you’ve lost because you’re unable to work
Property damage: Costs to repair or replace damaged property

Non-economic damages compensate you for intangible losses, such as:

Pain and suffering: Physical pain and emotional distress
Loss of enjoyment of life: Impact on your ability to enjoy daily activities
Emotional distress: Anxiety, depression, or trauma resulting from the incident

Non-economic damages can oftentimes add up to most of the claim’s value.

Steps To Take When Suing the State

Suing a government entity involves specific steps. You should:

Seek medical attention: Your health is the top priority. Prompt medical care also provides documentation of your injuries.
Document everything: Keep records of the incident, your injuries, medical treatments, and any correspondence with government entities.
Provide notice of claim: Submit a written notice to the appropriate government entity within the required time frame.
Consult an attorney: An experienced personal injury lawyer can help navigate the complexities of suing the government.
File a lawsuit: If necessary, your attorney can file a lawsuit within the statute of limitations.

Following these steps carefully can strengthen your claim and increase your chances of a successful outcome.

Challenges When Suing the Government

Filing a claim against the state comes with unique challenges, including:

Complex legal procedures: Government entities have specific protocols and legal defenses.
Immunity issues: Determining whether sovereign immunity has been waived can be complicated.
Damage caps: Recovery amounts are limited and may not cover all your losses.
Short deadlines: missing notice or filing deadlines can bar your claim entirely.

Understanding these challenges highlights the importance of having legal representation to help overcome the unique obstacles that these claims present.

How an El Paso Personal Injury Attorney Can Help

An experienced personal injury attorney can:

Evaluate your case: Determine if your claim falls under the TTCA and if sovereign immunity has been waived.
Meet deadlines: Ensure all notices and filings are completed within the required time frames.
Gather evidence: Collect the necessary documentation to support your claim.
Negotiate with government entities: Communicate on your behalf to seek a fair settlement.
Represent you in court: Advocate for your rights if the case goes to trial.

Having a lawyer who understands the intricacies of suing the government can make a significant difference in your case.

Contact the Personal Injury Law Firm of Mission Personal Injury Lawyers Today To Get More Information

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000