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Governmental Liability Lawyers
What is governmental liability?
Sometimes fault for a personal injury lies with the government. When a person falls into a city¿s uncovered manhole, when a person is hit by a US mail truck, or when the police negligently cause damage to a person or their property, a government entity is potentially at fault.
Special rules apply when the government is sued for personal injury. Traditionally, governmental bodies have immunity against litigation for personal injury. Protecting the government from civil claims is a policy that is suppose to maintain a stable government. In essence, the government cannot be sued unless it allows itself to be sued. Over time, in the interest of protecting individuals and encouraging governmental responsibility, the courts and the legislatures have created laws that have increasingly allowed for a narrower scope of governmental liability. Individuals can now sue governments for personal injury. However the scope of possible claims is narrow and the rules about when and how the claims are made are specific and must be followed exactly for a claim to be valid.
The Federal Tort Claims Act (FTCA) defines the parameters of claims brought against the federal government, and many state regulations regarding governmental tort liability are modeled after the FTCA. The FTCA requires that all claims against the government must be written claims, they must be filed within two years of the incident, and damages must be specifically stated in the claim.
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