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Torts against the government are sometimes possible

Being injured on another person's property is an experience that nobody wakes up in the morning and hopes will happen. If you are injured in one of these accidents, you are probably ready to take action to hold the person who caused the accident accountable for the harm you suffered. In most cases, that is possible but if the claim is against a government entity, you might have more of a battle than what you thought you would.

In cases involving the government, you will have to follow strict procedures in order to make your claim. One of these is that you have to file a notice of claim. In some cases, you will have to do this right after your accident. You might have a maximum of 60 days after the accident to file this claim. Even if the statute of limitations for your case hasn't expired, you won't be able to file your claim if the time limit to file the notice of claim passes.

Interestingly, government entities usually have immunity from being sued. This means that they can't be sued unless they give you permission to sue them. The notice of claim serves a few purposes. It lets the government entity know about your injury, it gives notice that you intend to take legal action and it gives the government a chance to respond. If the government accepts your claim, you can't take legal action. More commonly, the government will deny the claim, which opens the door for your civil lawsuit.

Dealing with claims against the government can be complex, but they aren't impossible. If you are injured on government property or think that your accident is the government's fault, you should learn about filing a notice of claim. If you end up filing the notice of claim and not taking legal action, it is no big deal. If you don't file a notice of claim and decide you want to take legal action, you won't be able to do anything.

Source: FindLaw, "Injury Claims Against the Government," accessed Sep. 19, 2016

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