Hit by a federal or state employee in Nevada? Check this guide!
If you have the misfortune of getting injured in a car accident that was the other driver’s fault, you have the right to sue the negligent driver for compensation. In cases when the driver was working on behalf of an employer, even they can be held responsible. However, what happens if you were hit by a federal, state, or city employee? While you still can claim compensation, the whole process can be a long drawn one. It’s easy to understand why suing the government won’t be an easy deal. One of the key steps is to contact a personal injury lawyer, someone who is skilled and experienced with such cases.
Understanding sovereign immunity and more!
The USA retained the concept of sovereign immunity from the British, which means that you cannot sue a sovereign entity without consent, and it refers to both state and federal government. However, the concept of sovereign entity is not absolute, thanks to Federal Tort Claims Act (FTCA) and Nevada Revised Statutes Chapter 41. Now if you have the scope to sue a government entity, you have to consider the administrative claims process, which is a long due process. It is not like just filing a lawsuit against a government agency in the court. When you file a claim, FTCA allows agencies to take six months to review and eventually respond to the claim. If your claim has been denied, you can choose to file a lawsuit.
Do you need a personal injury lawyer?
While not mandatory, hiring a personal injury lawyer is more than important. Remember that there is a statute of limitations that must be adhered to, and if you want to file FTCA or Chapter 41 claims, it must be done within a period of two years, from the date of the injury. If the government agency doesn’t respond or denies your claim, you can file a lawsuit, for which the statute of limitations only allows six months. Considering all these complications, it is wise to talk to an attorney, who can take over and ensure that all deadlines are followed, and as needed, they will handle the paperwork and everything else that’s needed to take your claim forward.
Navigating through the legal system following an accident caused by a state or federal employee will not be easy. Consider getting legal help right after you have sustained injuries, so as to get the compensation you truly deserve.