The Challenges of Filing a Personal Injury Claim against a Government Entity

It’s strange to imagine that the government that taxes you, oversees roadway construction, and offers you public resources is run by people like your neighbors. It’s true, though. The government is run by people, and those people can make mistakes. On occasion, those mistakes can prove traumatic and life-changing for the people they impact.

You have the right to file a personal entry claim against the government entity following a dangerous accident. There are challenges to filing such a claim, though. Fortunately, Kash Legal and its personal injury attorneys can help you jump through the hoop standing between you and the government-sponsored settlement you deserve.

What Is Qualified Immunity?

“Qualified immunity” describes a protection that government officials, entities, and properties receive as a result of being associated with the local, state, or federal government. Qualified immunity allows government officials and related parties, including police officers, to avoid assuming responsibility for someone else’s losses in civil court.

This does not mean that it’s impossible to sue these parties. Qualified immunity does make it harder to take these parties to trial, though. You may have to go above and beyond in your efforts if you want to win the financial compensation you need to recover from a personal injury accident caused by a government entity’s negligence.

Who Benefits From Qualified Immunity?

There are several parties that can benefit from qualified immunity, including the following:

Police officers
Local, state, and federal politicians currently in office
Government institutions
City bus drivers
Employees in a government building

If you’re unsure whether someone benefits from qualified immunity, you can discuss your specific circumstances with an experienced attorney. Our team can break down the nature of your recent accident and assign liability for your losses accordingly. We can then determine whether or not we need to jump through additional hoops to account for qualified immunity.

How Do You Work Around Qualified Immunity?

If you want to file a personal injury claim against a government entity, there’s a good chance you’ll have to find a way to work around or within qualified immunity. How you go about doing this will depend on the nature of your recent accident.

Most government entities require you to file a personal injury claim on a much shorter timeline than normal if you want to sue a protected party. Generally, you’ll have between two and three years to take action against a private party. If you want to sue someone protected by qualified immunity, though, you may have no more than half a year.

What’s more, the burden of proof you have to meet to move your case forward may be higher than it would be if you were taking action against a private party. Fortunately, our personal injury lawyers have worked within the boundaries of qualified immunity before. We can bring together the information you need to make your case without falling short of your burden of proof.

You can discuss the specific services our attorneys can contribute to the case you want to bring against a government entity when you meet with us for a free case evaluation.

Should You Expect Retaliation?

No party facing a civil lawsuit has the legal right to retaliate against you. However, individuals who feel like they’ve been backed into a corner may still make an attempt to make your life more difficult.

If you find yourself contending with retaliation – be that the vandalism of your home or an entity’s attempts to shut you out of jobs or programs – you can let an attorney know. We encourage you to document these instances of retaliation so we can bring them to a judge’s attention.

Recorded retaliation can qualify you for additional support as you fight to financially recover from a personal injury accident.

Let Personal Injury Lawyers Advocate for You

Government entities may benefit from qualified immunity, but that does not mean that you cannot take legal action against them. Working with an experienced personal injury attorney can help you work within the boundaries established by qualified immunity to bring a claim forward before your right to action expires.

Our team knows how to work within government limitations while continually advocating for your right to walk away with as much compensation as you can. You can count on us to offer you transparency and customized legal advice once the time comes for you to act. Call (888) 527-4128 or contact us online to learn more.