Is It Possible to Sue a Government Agency in Idaho?
If you’ve been involved in an accident that resulted in personal injury, you’re going to want compensation from the responsible parties. But what if the party at fault is a government agency?
It can seem intimidating to go up against any government entity; however, it is possible. What isn’t a good idea is trying to fight the battle on your own. Hiring an experienced personal injury lawyer in this type of case will help you fight the agency and get around the loopholes they may use to avoid paying full compensation.
Notice of Tort Claim
When you’re filing a claim for personal injury against a government agency in Idaho, you are required to file a “notice of tort claim.” In simple terms, this is just a notification to the agency that you think you have grounds to file a claim against them. You will have to provide the following:
- A description of the circumstances that caused the injury
- A description of the injury or damages
- The time and place the injury occurred
- The names of everyone involved (if known)
- The monetary amount of damages that you’re claiming
- Your current place of residence and residence six months before the filing
Note that this isn’t a full claim and that you aren’t required to actually file the injury claim afterward, but if you decide to move forward, there are things you should know.
Statute of Limitations for Claims Against the Government in Idaho
The notice of tort is a required step before you can even begin your claim against a government agency. In fact, you only have 180 days after your injury to submit this notice. This process can be complicated as it is vital that the claim goes to the right person. If the notice isn’t submitted, any lawsuit you attempt to file will be thrown out of court.
Once you have filed your tort claim, you have two years to file the actual personal injury claim for compensation. If you don’t file the claim within this time frame, you will lose the right to file at all.
Compensation May Be Less Than Expected
According to Idaho law, a claim against a government agency may be limited to $500,000. You would have to discuss this process with your attorney to learn more about the specifics that are unique to your particular case.
You should also note that government agencies are very aware of certain loopholes that may prevent you from receiving the amount of compensation you are entitled to. This is another vital reason to hire a lawyer.
Hiring a Boise Personal Injury Lawyer
Going up against a government agency can be a tricky matter. You need someone who knows the laws and loopholes you might otherwise be oblivious to. Contact an experienced lawyer from Craig Swapp & Associates by completing the form below or by giving us a call at 1-800-404-9000.