Can I File an Injury Claim Against the Government If a City Employee Caused My Accident?
With 1,000s of employees working for the City of New Orleans, accidents happen. City government entities and employees are protected from lawsuits by sovereign immunity. Even the government can be held liable when they’re to blame for a car accident. However, getting compensation is much more complicated than a regular personal injury lawsuit and hiring a New Orleans vehicle accident attorney can help.
What Is Sovereign Immunity?
Sovereign immunity is a set of rules that establishes when you can sue the government. These guidelines cover most situations, including personal injuries caused by car crashes. Sovereign immunity protects government entities, including federal, state, city and parish government agencies, and their employees and officials from civil lawsuits. Thus, the government must waive its immunity and grant permission for you to file a lawsuit.
Louisiana Governmental Claims Act
In Louisiana, Louisiana Governmental Claims Act (LGCA) covers sovereign immunity. The LGCA established the special rules, exceptions and notice requirements involved for bringing a claim against the city or parish and state of Louisiana. The process is complex and requires you to first file a claim before taking any legal action. The goal is to reach a settlement without having to file a lawsuit. But, consult with a New Orleans vehicle accident attorney for help with the claim process. Don’t hesitate. Contact us today for help.
Car accidents are one of the easier situations in which you can sue the government. Even accidents involving emergency vehicles can be liable for an accident.
You must submit all claims against a New Orleans government entity in writing to the City Attorney’s Office. Also you only have a short 180-day window to do so.
The Risk Management Unit handles evaluation, investigation and review of all claims with the correct departments. Then, they determine whether to accept or deny it; even those accidents involving non-emergency vehicles, city-owned buses, sanitation trucks and etc. The RMU also handles ambulances and other emergency vehicle cases. However, impending emergencies could sway the results of a case.
When you file an Personal Injury Incident Report, you must fill out the form completely and include all receipts, police reports, incident reports, medical records and any other proof that support your claim. For a Physical Damage Incident Report, you must include these same items, plus either three itemized estimates from repairs shops of your choosing or one from a Certified Appraiser, color photographs of the damages claimed, proof of insurance and a completed diagram with detailed accident location information.
LRS 5106 limits the total liability for personal injury or wrongful death claims, including monies paid for property damages, medical care, and loss of current and future earnings, to $500,000. Also, the city of New Orleans self-insures. The City Council must approve a budget annually to pay out for any lawsuits filed. Thus, even if you later file and win a lawsuit, you may have a long wait for your proceeds.
Hire a Top New Orleans Vehicle Accident Attorney
When involved in a car accident with a city government vehicle, you need help. Get an experienced New Orleans vehicle accident attorney from Mike Brandner Injury Attorneys handling your case. We always offer free consultations. No fee unless we win your case. Our office hours are 8:00 a.m. to 5:00 p.m.
We’re available to take your call 24/7 at (504) 345-1111, or use our convenient LiveChat online.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.