Is It Possible to Sue a Government Agency for an Accident in Utah?
Deciding whether to seek compensation after an accident isn’t easy; doing so can seem incredibly intimidating, especially when the at-fault party is a government entity. But when you or a loved one has been seriously injured, you need compensation to recoup the losses created by expensive medical bills, lost income, loss of marital enjoyment, and other expenses.
The question of whether to pursue a claim against a government agency in Utah can be difficult to answer. There are particular laws that govern exactly when and for what reason you can sue.
The Federal Tort Claims Act
The federal government is not immune to personal injury claims. In fact, lawsuits against the government are quite common. The Federal Tort Claims Act (FTCA) governs all tort claims in the United States against the federal government. According to this act, there are certain situations in which the government is immune to liability.
For example, if you get into a car accident with a postal worker who fails to stop at a stop light, you have every right to sue the federal government for any ensuing damages and injuries that occur.
However, if your car was damaged by hail while sitting in the parking lot of a federal government office, you would not be able to hold the government liable as this type of accident would fall under “Acts of God.” The government cannot control the weather, and therefore it cannot be held liable for any damages that occur as a direct result of it.
Claims Against State and Municipal Governments in Utah
In most personal injury situations, you would have a four-year statute of limitations in which to file your claim. However, the time allowed is much shorter when you need to seek compensation from a government agency, which makes it imperative that you begin work on your case immediately.
In Utah, you have just one year in which to file a claim against the government. If your claim is denied, you then have up to one year in which to appeal the denial.
Help from a Personal Injury Attorney
Determining whether you can sue a government agency for an accident in Utah can seem confusing and unclear because the laws contain many gray areas that require further scrutiny in order to arrive at an answer. This is just one of the reasons that it’s best to consult with an experienced injury lawyer in these circumstances.
If you have been injured in an accident that you believe a government agency was responsible for, Craig Swapp & Associates can help. Call us at 1-800-404-9000 or fill out the online contact form below to get started.