Unfortunately, car accidents in Nevada are quite common. Following an accident that was a result of someone’s negligence, you have the option of asking for compensation for your injuries and suffering, either through an insurance claim from the at-fault party’s insurance company, or through a personal injury lawsuit. What if you were hit by a federal, state, or city employee? This is precisely where you must consult a lawyer to understand things like sovereign immunity and how to handle and navigate through the legal process.
Basics of sovereign immunity
The US abandoned the concept of monarchy for sure, but sovereign immunity still exists. This means that you cannot sue a sovereign entity without consent. Note that the concept doesn’t extend to municipal governments, but state governments usually grant some form of immunity to these agencies. At the same time, you should understand that sovereign immunity is not absolute. Within the scope of Federal Tort Claims Act (FTCA) and Chapter 41 of the Nevada Revised Statutes, it is possible to hold federal and state governments responsible for accidents caused by employees. No matter whether you are trying to sue the federal government through FTCA or the state government through Chapter 41 of Nevada Revised Statutes, it wouldn’t be an easy task.
Here’s why you should hire a lawyer
It is not easy to just go ahead and file a lawsuit against the state or federal government. Before that you will have to complete the administrative claims process, which allows the FTCA a period of six months to review and respond. Only when FTCA has denied your claim, can you choose to sue in court. The claims process can be extremely confusing and convoluted, and you need to ensure that you do your part to ensure paperwork is done right. There is also a statute of limitations that must be followed. Keeping all that in mind, working with a personal injury lawyer is your best bet at filing a lawsuit against a government agency. If nothing else, your lawyer will ensure that you don’t make a mistake that will eventually impact your claim and compensation.
If you were hit by someone, who is a federal or state government employee, consider talking to an experienced attorney right away. They will guide you further on how to handle the due claims process and if and when you should consider filing a personal injury lawsuit. At the end of the day, it is about getting due compensation.
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