Can You Sue a Government Entity for Negligence in Texas?

When suffering an injury due to negligence from a government entity — an institution meant to serve and protect its citizens — the sense of betrayal and frustration can be profound. You may find yourself grappling with medical bills, lost wages, and a long road to recovery, all while wondering if you have any recourse against the very system that failed you.

The short answer is yes, you can sue a government entity for negligence in Texas, but the process is complex and subject to specific rules and limitations.

If you’re considering legal action against a government entity in Texas, you need a top personal injury attorney in Houston from Grimes & Fertitta on your side. Richard Grimes, Julian Fertitta, and their legal team are well-versed in the complexities of government liability cases and can provide the guidance and advocacy you need.

Don’t navigate this challenging process alone — call Grimes & Fertitta today at 713-224-7644 or schedule a consultation online to discuss your case and learn how we can help you seek the justice and compensation you deserve.

Can you sue the government in Texas?

Yes, you can sue the government in Texas, including suing Texas itself, but it’s important to understand that these lawsuits are governed by specific laws and procedures. The Texas Tort Claims Act (TTCA) allows individuals to bring lawsuits against governmental units under certain circumstances, effectively waiving sovereign immunity in specific situations.

There are various reasons why someone might need to sue a government entity in Texas including:

1. Auto accidents: If a government vehicle, such as a police car or city bus, causes a rear-end collision or other accident resulting in injury, the victim may have grounds for a lawsuit.

2. Premises liability: Slip and fall accidents on government property, like courthouses or public schools, due to poorly maintained conditions could lead to legal action.

3. Medical malpractice: Injuries resulting from negligent care at a public hospital or health clinic may be grounds for a lawsuit against the government entity operating the facility.

4. Construction defects: If a government-funded construction project results in property damage or injury due to poor design or execution, affected parties might pursue legal action.

5. Neglected road maintenance: Accidents caused by poorly maintained roads, missing signage, or malfunctioning traffic signals could result in lawsuits against the responsible government entity.

6. Police misconduct: Cases of excessive force, wrongful arrest, or other civil rights violations by law enforcement officers may lead to lawsuits against the police department or city.

It’s important to note that while these examples illustrate potential grounds for suing the government, each case is unique. The specific circumstances, the extent of the government’s liability, and the limitations set by the Texas Tort Claims Act will all play a role in determining the viability of a lawsuit.

What is the Texas Governmental Tort Claims Act?

The Texas Tort Claims Act (TTCA) is a state law that partially waives sovereign immunity, allowing individuals to sue governmental entities in Texas under specific circumstances.

Understanding the intricacies of the Texas Tort Claims Act is helpful when considering a lawsuit against a government entity. The act’s provisions can significantly impact your ability to file a claim, the damages you can recover, and the procedures you must follow.

For example, under the TTCA, liability for a single person is capped at $250,000 for claims against the state government and $100,000 for claims against local governments. These limits can greatly affect the compensation available to injury victims, making it essential to have a skilled attorney who can maximize your claim within these constraints.

Moreover, the strict notice requirements and shortened statutes of limitations under the TTCA mean that time is of the essence in these cases. Failing to adhere to these deadlines could result in losing your right to sue entirely.

What is the statute of limitations on government claims in Texas?

The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. For claims against the government in Texas, these time limits are notably shorter than for typical personal injury cases, and missing them can result in losing your right to sue, regardless of how strong your case might be.

• Under the Texas Tort Claims Act, individuals must provide formal notice to a governmental unit within six months of an incident, though some local governments have shorter notice periods, as brief as 45 or 90 days.

• After giving notice, a lawsuit must be filed within two years, aligning with the general statute of limitations for personal injury cases in Texas.

In cases where an injury isn’t immediately apparent, the discovery rule may delay the start of the statute of limitations until the injury is discovered. Similarly, if the injured person is mentally incapacitated, the Texas incapacitation statute of limitations may be tolled until their condition improves, but notice requirements still apply.

Claims against certain entities, like hospitals or federal entities, may follow different rules, so it’s essential to verify the specific deadlines for your case.

How to file a government tort claim in Texas

When suing a government entity in Texas, it’s crucial to follow the proper procedures. Here’s a general overview of the steps involved:

1. Provide formal notice: As mentioned earlier, you must notify the government entity of your intent to sue within six months of the incident (or less, depending on local rules). This notice should include:

   1. A description of the damage or injury

   2. The time and place of the incident

   3. A brief account of what happened

2. Wait for a response: The government entity will review your notice and may conduct an investigation. They might offer a settlement or deny your claim.

3. File a lawsuit: If your claim is denied or you’re unsatisfied with the settlement offer, you can file a lawsuit within the two-year statute of limitations.

4. Discovery phase: Both sides exchange information related to the case, including documents and witness testimonies.

5. Negotiations and potential settlement: Many cases are settled out of court. Your attorney will negotiate with the government’s representatives to seek fair compensation.

6. Trial: If a settlement isn’t reached, your case will go to trial, where a judge or jury will decide the outcome.

Throughout this process, you should work closely with an experienced attorney who understands the nuances of government liability cases. At Grimes & Fertitta, we guide our clients through each step, helping ensure that all deadlines are met and your rights are protected — whether you’re dealing with a work injury or a debilitating neck injury after a car accident.

Continue reading: What is the average settlement for a car accident back and neck injury?

Injured by government negligence? Let Grimes & Fertitta fight for your rights.

When you’ve been injured due to a government entity’s negligence, you need a law firm that understands the complexities of these cases and has a proven track record of success — making Grimes & Fertitta a top choice for navigating government liability claims in Texas.

Our attorneys understand the nuances of the Texas Tort Claims Act and know how to build strong cases within its framework. This expertise, combined with our history of securing favorable outcomes for our clients, allows us to maximize compensation within the limits set by law.

Whether you need an oil rig injury attorney or a Houston bus accident lawyer, we have the resources and professional network necessary to thoroughly investigate your case, consult with experts, and build the strongest possible claim on your behalf.

Call 713-224-7644 or contact us online to schedule a consultation today!

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