Accidents happen unexpectedly, and if you’re injured through no fault of your own, you typically have the right to recover compensation for your costs and losses. In most cases, this compensation is paid by the person or company responsible for your injury or their insurance provider. But what happens if the at-fault party is a government entity or someone working on behalf of the government? In such situations, the legal doctrine known as sovereign immunity comes into play, complicating the process of filing a personal injury claim.

What Is Sovereign Immunity?

Sovereign immunity is a centuries-old legal concept originating from the idea that the sovereign or government cannot be sued without its consent. In medieval times, this principle meant that kings were considered above the law. While the concept has evolved in modern democracies, its core remains intact: governments can only be sued if they explicitly allow it. In the United States, this means that laws dictate what types of lawsuits can be brought against the government and under what conditions.

Though it may seem outdated, sovereign immunity serves an important purpose. It prevents frivolous lawsuits against the government, allowing state and federal agencies to carry out their responsibilities without constant legal interference. However, for individuals with valid claims, navigating this doctrine can be challenging, especially if you’re unfamiliar with the specific rules and deadlines that apply to lawsuits involving government entities.

How Sovereign Immunity Impacts Personal Injury Claims in Connecticut

In Connecticut, sovereign immunity applies to personal injury claims involving government entities or their employees acting within the scope of their official duties. For instance, if you’re involved in a car accident caused by a government vehicle, such as a city-owned truck or police car, sovereign immunity will likely affect your claim. However, if the government employee was off duty or driving their personal vehicle at the time of the accident, sovereign immunity may not apply, and your claim would proceed like a typical personal injury case.

Key ways sovereign immunity affects your claim include:

• Shortened Deadlines: While Connecticut law generally allows two years to file a personal injury lawsuit, cases involving government entities often have much stricter deadlines, typically requiring you to file a notice of claim within six months to one year.
• Administrative Claims Process: Before filing a lawsuit, you may need to submit an administrative claim to the relevant government agency. This process provides the government an opportunity to resolve your claim without litigation. If the government denies your claim or fails to respond, you can then proceed to court.

Filing a claim against the government can be a complex process. Missing a deadline or failing to follow the proper procedures can jeopardize your case, making it crucial to work with an experienced personal injury attorney.

Types of Cases That May Involve Sovereign Immunity

Sovereign immunity comes into play in a variety of personal injury cases, including:

• Car and Truck Accidents: Collisions involving government vehicles, such as city buses, snowplows, or police cars.
• Slip and Fall Accidents: Injuries that occur on government-owned property, such as public parks, sidewalks, or municipal buildings.
• Other Government-Related Injuries: Any injury caused by a government employee acting within the scope of their official duties.

Each case is unique, and the rules governing claims against government entities are highly specific. It’s essential to consult with a knowledgeable attorney who understands Connecticut’s laws and can guide you through the process.

Get Legal Help from Bert McDowell Injury Law

Filing a personal injury claim against a government entity or employee in Connecticut can seem overwhelming, but you don’t have to face it alone. At Bert McDowell Injury Law, we have the experience and expertise needed to navigate the complexities of sovereign immunity and secure the compensation you deserve. We are dedicated to representing clients across Connecticut and ensuring their rights are protected.

Don’t let the challenges of a government-related claim prevent you from seeking justice. Contact us today to discuss your case and explore your legal options.

Call us now at 475-231-3274 for a free consultation. Let Bert McDowell Injury Law fight for you!