When you are injured as a result of the actions or negligence of a government agency in Maryland, you may wonder whether you can seek compensation for your injuries. Unlike personal injury claims against individuals, pursuing claims against the government involves specific legal processes and limitations. In Maryland, these types of cases are governed by specific state laws and other related federal laws for certain situations. You have legal options if you are harmed by a government entity. Let a personal injury attorney help you determine the best course of action.
Table of Contents
What Are Government Tort Claims?
A government tort claim arises when someone is injured, suffers property damage, or dies as a result of the negligence or wrongful actions of a government agency. Historically, the government has been protected by sovereign immunity. This legal concept means that it cannot be sued without its consent. However, the Maryland Tort Claims Act (MTCA) and other federal laws have created exceptions. These exceptions allow individuals to file lawsuits against government agencies in certain circumstances.
Some common examples of government tort claims include:
- Injuries caused by public infrastructure: Such as slip and fall accidents on government-owned property, like public buildings, parks, or roads.
- Accidents involving government vehicles: For example, when a police car, fire truck, or public transit vehicle is involved in a collision.
- Medical malpractice by government doctors: For instance, if you were treated negligently at a VA hospital or any other government-run healthcare facility.
If you or a loved one has been injured due to the negligence of a government agency or employee, understanding how to proceed is vital. Following the proper channels ensures you can be compensated for your injuries.
Can I Sue the Federal Government for Negligence?
In addition to state-level government tort claims, federal government agencies can also be held liable under the Federal Tort Claims Act (FTCA). If your injury was caused by the actions of a federal employee or agency, such as a federal law enforcement officer or military personnel, you may be able to bring an FTCA claim.
The process for filing a federal tort claim is similar to that for state claims. However, it involves filing with the appropriate federal agency. For example, if you were injured by a U.S. Postal Service worker or in a national park, you would file your claim with the appropriate federal agency. If necessary, you could pursue litigation in federal court.
Filing a Claim Under the Maryland Tort Claims Act
To file a government tort claim against a state agency in Maryland, you need to follow the proper legal procedures. Here’s a general overview of the process:
- Notice of claim: Before filing a lawsuit, you must first submit a written claim to the Maryland State Treasurer’s Office. This “notice of claim” must typically be filed within one year from the date of injury.
- Investigation: After receiving your notice, the state will investigate the claim to determine whether it should be accepted, rejected, or settled. If they accept the claim, you may be offered a settlement.
- Filing a lawsuit: If the claim is denied or you do not reach an acceptable settlement, you have three years from the date of the injury to file a lawsuit against the government entity in Maryland state court. It is crucial to meet these deadlines. Failing to do so could bar you from seeking compensation.
A personal injury lawyer with experience filing claims against government entities can help you with this process.
Types of Damages You Can Recover
If you successfully prove your claim or win a lawsuit, you may be able to recover various forms of compensation. This recovery can include economic and non-economic damages such as:
- Medical expenses: Costs related to medical treatment, surgeries, physical therapy, medications, and other necessary care.
- Lost wages: Compensation for time missed from work due to the injury.
- Property damage: If your property, such as your vehicle, was damaged in the incident, you may be entitled to compensation for repair or replacement.
- Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injury.
The best way to know what damages you might be entitled to is to speak to a lawyer.
The Role of Insurance in Government Tort Claims
In some cases, the government may be covered by insurance that can pay for the damages you are seeking. However, it is important to note that filing a claim against a government agency is often a complex process. Insurance may not cover all the damages you are entitled to receive. Working with an experienced attorney ensures that your claim is properly handled. This can give your case the best shot at success so you can recover the compensation you deserve.
Contact a Baltimore Personal Injury Attorney for Assistance
If you’ve been injured due to the negligence of a government agency or employee in Maryland, it is essential to understand your rights. An experienced Baltimore personal injury lawyer at WGK Personal Injury Lawyers can help you recover damages and hold responsible government entities accountable. Contact our law office at (410) 837-2144 to schedule your free consultation today.
