Government Tort Claims

Phoenix Government Negligence Attorney - (602) 483-6114

If you have been injured on government property, by a government employee, or have suffered an injury due to your rights being disregarded by the government, you have a right to recover compensation for your damages. A government negligence case can occur for any reason, and you may discover you have limited options for bringing a claim against the responsible entity. At Alex & Associates, P.C., we are well-versed with the regulations and laws involved when a lawsuit or claim involves the government.

Discover how our Phoenix government negligence lawyers can help your case. Contact our team today.

Federal Tort Claims Act

If your case involves the federal government, your case will likely occur under the Federal Tort Claims Act (FTCA). Generally, the government is immune from lawsuits under the doctrine of sovereign immunity, which prevents lawsuits against federal public entities without the express permission of the federal government. The FTCA circumvents the doctrine of sovereignty in certain situations wherein injury is caused by negligent actions of government employees acting within the scope of their job.

The first step to these claims is to file an administrative claim with the agency you believe to be responsible for your injuries. For instance, if you are hit by a postal truck, your claim would be filed with the United States Postal Service. You will need to complete the appropriate form and submit it to the correct agency in a timely manner. In many states, you will have 2 years from the date of injury to file your claim, but it is best to file it as quickly as your attorney advises.

The claim must include a detailed report of the damages and facts of the case. Your lawyer can help you ensure that your claim is filed with a thorough statement of facts and reasonable settlement amount. After your claim has been filed, the agency in question will have 6 months to respond to your claim. They may agree it is appropriate and pay your damages, or they may reject your claim and refuse to pay. If no decision has been made by the 6-month deadline, you will be able to go forward with your lawsuit.

Typically, if it becomes necessary to file a lawsuit, you will file in the U.S. District Court that presides over the area you live in or where the actions that gave rise to your claim occurred. When filing a federal tort claim, it is important to note that you cannot sue the federal government in state court and you cannot request more than was requested in your administrative claim, unless new evidence has been discovered.

State Government Liability for Injuries

Sovereign immunity is also enjoyed by state governments, but there are still laws which allow claims to be brought against state government under certain circumstances. Every state has passed these provisions, and in Arizona, this provision is found in Arizona Revised Statute 12-821.01 “Authorization of claim against public entity, public school or public employee.”

If you are bringing a government tort claim against the State of Arizona, you will begin your claim with a Notice of Claim, which serves the same purpose as the federal Administrative Claim. This notice informs the appropriate state agency of your accident, the agency’s liability, and the settlement amount you are requesting. Our Phoenix government negligence attorneys can help you through the process of bringing a claim against the state.

Have Questions? Ask Our Phoenix Government Negligence Lawyers - (602) 483-6114

At Alex & Associates, we are dedicated to being a voice for those injured by negligent behavior, whether it was on the part of another individual, a company, or even the government. Our legal team is proud to offer every client personalized legal solutions and caring client service. We know the challenges you may be facing, so we are ready to begin helping you immediately. Since 1973, Our Phoenix government negligence attorneys have defended the rights of the injured from a variety of government agencies.

Contact our team to learn more and to request your free case evaluation. Call (602) 483-6114 to speak to a member of our team.