If you believe you have been wronged by a officer or employee or someone else acting for a government agency, you may have the right to sue the agency. But, be aware that strict time limitations apply to making claims against government agencies, so you must seek legal advice immediately if you think you have been wronged by the conduct of someone working for a government agency.

Generally speaking, government agencies are immune from lawsuits, but there are some exceptions. In legalistic terms, we say that the government waives its governmental immunity for certain kinds of claims. For example, if you are injured by the negligence of someone legitimately operating a government vehicle, then you may have a claim.

Whether a claim falls within a waiver of immunity and whether an entity qualifies as a government agency is spelled out in the statutes and in court decisions, but the answer is not always simple, so the advice of an attorney is crucial.

First and foremost, to be able to bring a claim against a government agency, you must first notify the agency by sending it a notice of your claim that describes the following:

  1. the damage or injury claimed;
  2. the time and place of the incident; and
  3. the incident.

This notice must be sent to the agency not later than six months after the incident. Otherwise, you will have no claim, unless the agency actually knew (1) that an injury or death occurred, (2) that it was at fault in causing the injury or death, and (3) who was harmed.

Even if some person or company not connected with a governmental entity may have been involved in causing an injury or death, you must see an attorney immediately if a government entity may be involved. The involvement of non-governmental parties involved does not mean you don’t have to notify the government agency.