When someone has been killed or injured at the hands of the government, the victim or their family may file a claim against the government for negligence. This claim must be filed before the victim or his/her family can proceed with a lawsuit. In most cases, the government (federal, state, county, or city) is considered "immune" to personal injury lawsuits, and may not be deemed liable. However, both the federal government and all levels of government in Texas have waived their immunity in certain scenarios.

Texas Tort Claims Act

When a person is killed or injured by the negligence of the government at the state, county or municipal levels the facts specific to each case will determine whether or not the governmental entity can be held responsible for their actions.

Time is of the essence. The law requires that the governmental entity involved be provided with written notice of the injury, the time and place of the incident, and a description of the incident before a lawsuit can be filed. A city may shorten this time period by drafting a different period into its charter. Failure to provide the notice may be a bar to your lawsuit.

Under state law the damages you may recover in a case against the government are limited to $100,000 to $250,000 per person, regardless of injury severity or death. Other limitations on damages may also apply.

Civil Rights Violations

Our greatest freedoms in this country are ensured to us by the United States Constitution. In the event a person acting under the authority of the government disregards these rights resulting in a person's death or serious injury the victim or their family may be able to hold the government and the individual responsible for a civil rights violation. The attorneys at Martin, Cukjati & Richman have successfully represented families in federal court with claims of civil rights violations against local, state and federal government.        

This area of the law is a virtual landmine of immunities. You will need to obtain the services of attorneys who know how to navigate through this difficult area, and who can make the necessary arguments to the court.

Federal Tort Claims Act

The United States Government has waived its sovereign immunity in many cases involving the negligence of its employees, including wrongful death. Of course, there are exceptions and specific notice procedures that must be followed. The attorneys at Martin, Cukjati & Richman are experienced in federal court practice, where all Federal Tort Claim Act cases must be filed.

San Antonio Personal Injury Law Firm

If you or a loved one has been seriously injured because of the negligence of a government actor or a civil rights violation, call our San Antonio law firm today at (210) 223-2627 or toll free at (888) 508-1110 or tell us about your case online by clicking on the “contact us” page.