Many people assume that the government is immune from lawsuits, making it seem impossible to seek resolution for negligence. However, various laws and regulations have carved out specific pathways for individuals to hold government bodies accountable for their actions or omissions. 

Whether it’s a case involving a federal agency, a Texas state department, or a local municipality, the Law Office of Shane McClelland, PLLC can help you hold negligent parties responsible for the harm they have caused you and your loved ones. With nearly 20 years of experience, Shane McClelland is committed to helping you understand your rights and pursue the compensation you deserve. Fill out our contact form to learn more about how we are here to fight for your rights.

Is It Possible to Hold the Government Accountable for Negligence?

You can sue the government for negligence, but there are specific rules and limitations that apply. In the United States, the federal, state, and local governments are generally protected by the doctrine of sovereign immunity.

Sovereign immunity is a legal doctrine that protects government entities and their employees from being sued without their consent. Generally, you cannot sue the government for negligence unless specific laws allow it.

Exceptions to Sovereign Immunity

While sovereign immunity can seem like an insurmountable barrier, important exceptions exist. The Texas Tort Claims Act allows individuals to sue the government in certain situations, such as when a government employee causes an accident while performing their job duties.

Federal Government

Under the Federal Tort Claims Act (FTCA), you can also sue the federal government for negligence in cases where:

  • A federal employee caused harm while acting within the scope of their employment.
  • The act or omission was wrongful under the law of the state where it occurred.

However, there are exceptions, such as lawsuits related to discretionary functions, military activities, and certain intentional torts.

Local Governments

Local governments typically have their own laws governing when they can be sued. Many municipalities have enacted Tort Claims Acts that outline the procedures and limitations for suing local governments. These laws vary widely but generally follow principles similar to the FTCA.

Considerations for Filing a Lawsuit Against the Government

Suing the government involves unique challenges, such as strict deadlines and additional procedural requirements. Missing a deadline or failing to follow the proper procedures can result in your lawsuit being dismissed, regardless of its merits. To file a lawsuit against the government, keep the following factors in mind:

  • Notice Requirements: Often, you must file a notice of lawsuit with the government agency involved before you can file a lawsuit. This notice typically has to be filed within a relatively short period after the injury or damage occurred.
  • Damages Caps: Many government entities have caps on the amount of damages you can recover.
  • Procedural Rules: Suing the government involves specific procedural rules that must be followed precisely.

If you believe you have a lawsuit against a government entity, it’s important to act quickly and consult with an attorney with experience handling lawsuits against the government to navigate the complexities of these cases.

Consult the Law Office of Shane McClelland, PLLC Today

Navigating a lawsuit against the government can be complex, but it is possible with the right legal guidance. At the Law Office of Shane McClelland, PLLC, we have nearly 20 years of experience helping clients understand their rights and pursue compensation for government negligence. Our personalized approach ensures that you receive the dedicated representation necessary to navigate the unique challenges of these cases, including strict deadlines and procedural requirements.

Choosing our firm means you benefit from our extensive knowledge and commitment to your case. We understand the intricacies of laws like the Federal Tort Claims Act and the Texas Tort Claims Act, allowing us to advocate for your rights effectively. Reach out today for a free case evaluation at (713) 987-7107 or through our contact form.