Can You File an Accident Claim Against the Government?
While you are allowed to file a claim against the government, it will probably be dismissed.
The government is immune from suit in almost all situations.
There are only a few exceptions to this rule.
One of these exceptions is when your case falls under the Texas Tort Claims Act.
This act partially waives the government’s immunity and allows plaintiffs to file suit in two situations:
Injuries and damages caused by motor vehicle accidents
Injury or death that is the result of a condition of personal or real property
In order to be found liable, a government employee must be shown to have met the following criteria:
They were acting within their scope of employment at the time of the injury
They would’ve been found liable if they were a private citizen and not a government employee
If you meet both of these conditions, your claim against the government will probably be allowed.
However, there are limits to how much you can recover.
In a car accident case, you can only demand personal injury damages for up to $250,000.
There is also a notice requirement for government claims.
The statute of limitations in these cases is still two (2) years.
But you’re required to put the government on notice much earlier than that.
The general notice required is six (6) months, however, some cities are even shorter than this.
For example, Houston requires that you provide notice with three (3) months of the date of your accident.
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Maida Law Firm - Auto Accident Attorneys of Houston
Maida Law Firm – Auto Accident Attorneys of Houston
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