Is It Possible To Sue A County Or City?
November 30, 2016 - Uncategorized
Residents could not sue a city or county for personal injury in Texas before the Texas Tort Claims Act of 1969. Individuals who attempted to file suit against a government entity before the act were halted in their tracks as the state would protect the city or county in question by claiming “sovereign immunity.” Now, thanks to the Tort Claims Act, Texas residents can sue for damages caused by incidents that are the fault of the city, county, or state. It is necessary, however, to have a Texas personal injury attorney in your corner as three conditions are essential for a suit to be successful.
Condition #1: The government employee in question must have been operating within the scope of his job.
Suing a city or county worker for injuries incurred in a bar fight that one of its employees started after his shift concluded is not probable cause for a claim. While the ethics of the government worker may be on the line after a wild bar fight, his employer is not liable for his actions off the clock.
Condition #2: The at-fault government worker must not have been responding to an emergency call or acting in response to a first-response call.
Such conditions exclude police officers from suffering lawsuit if they collide with an innocent driver during a car pursuit. This measure also protects law enforcement from suit in the instance of a suspect suffering an injury while resisting arrest.
Condition #3: The claim must be filed shortly after the incident occurs.
Many residents do not understand that slacking off on a personal injury case in the Lone Star state could cost them big. A Texas personal injury lawyer cannot help clients who let the short window of time pass before filing suit.
With Texas laws concerning personal injury being so stringent, it is necessary to have an expert fighting for you. A Texas personal injury lawyer is who you need to survive and thrive in a government lawsuit.