In the event that you’re in a car accident involving a municipal vehicle or you slip and fall on government property, you may want to file a lawsuit for their negligence. However, it’s essential to understand that the process differs from a traditional personal injury case. If you’re looking to hold a government entity liable for the injuries you sustained due to their negligence, it’s essential to understand how to proceed. The following blog, in conjunction with a Prince George’s County personal injury attorney, can help you determine the best course of action to take.
Is It Possible to File a Personal Injury Lawsuit Against a Government Entity?
Most States in America have what’s known as sovereign immunity. This essentially means they cannot be sued without their consent. However, Mayland, like most other states, enacted a Tort Claims Act. This allows an individual to hold a state responsible for an injury.
It’s important to understand that these are different from lawsuits against a private citizen or entity. When suing a state, you must adhere to the rules and regulations of your state in regard to filing a claim against a government entity. As such, it’s in your best interest to enlist the assistance of an experienced attorney to help you through this complex process, as it differs from a traditional lawsuit.
When You Can Sue a Government Entity in Maryland
- The government has waived immunity under specific laws, like the Maryland Tort Claims Act
- A government employee was acting within the scope of their official duties
- The injury resulted from negligence
- Proper notification requirements are met within the legal deadline
- The claims fall under statutory damage limits
What Laws Govern Claims Against Government Entities in Maryland?
In Maryland, claims filed against government entities are primarily governed in accordance with two laws: the Maryland Tort Claims Act (MTCA) and the Local Government Tort Claims Act (LGTCA). These laws create guidelines regarding when a government can face liability, the procedural requirements to file a claim, and the limitations on damages.
Important Legal Rules You Must Know
- Maryland Tort Claims Act
- Applicable to state agencies and acting employers
- Requires strict notice and filing rules
- Local Government Tort Claims Act
- Applies to counties, municipalities, and local agencies
- Requires notice to the appropriate local authority
- Both laws impose:
- Shortened notice deadlines
- Limitations on recoverable damages
- Strict procedural requirements prior to filing a claim
What Should I Do if I Want to File a Claim?
If you want to file a claim, the first thing you must do is file a claim letter. When you believe the state government or its entity, such as an individual employee, is responsible for your injuries, you must notify the Maryland State Treasurer. This letter should contain why you believe the state is liable, when and where the injury happened, the circumstances surrounding your accident, the parties involved, and the specific damages you are seeking.
In the event a local government is responsible, you will still file a claim letter. However, depending on your location, you’ll need to send it to a different entity. For Prince George’s County, your claim letter can be directed to the County Solicitor or Attorney.
In Maryland, you have one year from your accident to file this claim letter and three years to pursue a lawsuit after writing the letter.
Required Steps to File a Government Claim
- Prepare and submit a Notice of Claim
- Notice must be in writing
- The notice must also identify the responsible government entity
- Include important information
- Date, time, and location of the accident
- Descriptions of how the injury occurred
- An explanation of why the government entity is liable
- A description of the injuries and damages
- File with the correct entity
- State claims must be filed with the Maryland State Treasurer
- Local claims must be filed with the legal office of the county or municipality
How Is This Different from a Standard Personal Injury Case?
In Prince George’s County and throughout Maryland, claims against the government will vary drastically from a traditional personal injury claim filed against a private individual or entity. These cases generally have stricter filing requirements, shorter timelines, and increased legal protections.
Key Differences
- You must file a Notice of Claim prior to filing a lawsuit
- Deadlines are shorter and more strictly enforced
- Government agencies have immunity protection unless explicitly waived
- Cases are subject to caps on compensation, regardless of the severity of the injury
- Failure to adhere to the procedure can result in automatic claim denial
Is There a Limit on Compensation in Prince George’s County?
It’s also important to understand that there is a cap on damages one can receive from a lawsuit in which a government entity is liable in Maryland. If the state or local government is responsible, you can only recover up to $400,000 in damages. However, if the injury was the result of an intentional tort or constitutional rights violation committed by an officer, the amount may be higher.
Contact Our Experienced Maryland Injury Firm Today
At McCarthy, Winkelman & Mester, our dedicated legal team understands how complex these issues can be. As such, we will work tirelessly to help you navigate the difficulties of holding a government entity liable for its negligence. Contact our office today to schedule a free consultation with a member of our competent and experienced firm.
