Yes, you can sue the government for negligence. However, there are some special rules that apply, and you must follow these rules exactly. Failure to do so may result in your case being thrown out, and you might not be given a second try.
There are also some differences in the process depending upon whether you need to sue the Federal government or a state government. For example, suing the FBI requires a somewhat different process than suing the State of Nevada. Either way, dive into the details below to learn more about what you need to do to sue the government for negligence.
Requirements for Suing the Government
Before you can sue the government, you must first file a Notice of Claim. This puts the government entity on notice that you plan to file a lawsuit. This notice is required whether you want to sue the Federal government or a state government.
For claims against the United States, you would need to complete Standard Form 95. The form should be submitted to the federal agency that caused the damages you are alleging. For claims against the State of Nevada, you would use the Nevada Claim Form. This form should be submitted to the Office of the Attorney General.
You will also have to prove negligence on behalf of the government to proceed with your lawsuit. Just like if you file a claim against another individual after a car accident, you must prove all four elements of negligence.
Those include:
- Duty of care
- Breach of duty
- Causation
- Damages
You must prove that the government entity was negligent, and that your injuries were caused by that negligence.
What Is the Federal Tort Claims Act (FTCA)?
The Federal Tort Claims Act (FTCA) is a piece of legislation that opens the door for allowing individuals to sue the Federal government. The government typically has sovereign immunity. This immunity generally prevents an individual from being able to sue either the federal or state government.
However, after the passage of the FTCA, individuals may sue the government and hold it accountable for negligent actions. Keep in mind that the FTCA does not completely erase the government’s immunity. It simply allows an individual an opportunity to bring a claim and potentially hold the government liable for their damages.
How Long Do I Have to Sue the Government After an Accident?
Typically, you have two years to bring a claim against a federal government entity after an accident. Each state sets its own time limits for how long you have to sue the state government. In Nevada, you have two years to bring a claim. Missing this deadline will cause you to lose all your rights to sue the government and recover any compensation.
What Are My Chances of Winning a Lawsuit Against the Government?
Winning a case against the government is not easy. Procedurally, you must follow every rule and process perfectly. One small hiccup could cause your case to be thrown out.
When it comes to evidence, you will need as much as possible on your side. Remember that the government has access to resources that most people do not have. The burden of proof is on you to prove your case, and the government and its lawyers are very knowledgeable about how the process works.
Holding the Government Accountable for Negligence
While it is possible to sue the government for negligence, doing so requires strict compliance with unique procedural rules and legal standards. Whether your claim is against a federal agency under the FTCA or a state entity like the State of Nevada, you must file the appropriate notice of claim and meet all deadlines without error.
The road to success can be difficult, as the government has extensive legal resources and built-in protections like sovereign immunity. However, with strong evidence, careful preparation, and skilled legal guidance, it is possible to pursue justice and recover compensation for your losses. If you believe you have a valid claim, consulting an experienced personal injury attorney is the best first step to ensure your rights are protected.
Contact De Castroverde Accident & Injury Lawyers for a free consultation.
Suing the government for negligence is possible—but it’s complicated. One mistake can cost you your entire case. Let the experienced team at De Castroverde Accident & Injury Lawyers in Las Vegas, NV help you get it right. Call (702) 222-9999 for a free consultation today.
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(702) 718-3632
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