Hi! My name is Sam, and I started this blog to help other injured people. Before you start reading, let me tell you a little about myself. Ten years ago, I slipped on a slice of fruit in a grocery store. My leg slid out from under me, and in a freak twist, it was rendered useless. I could no longer work and struggled with intense pain every day. Luckily, I found an accident and injury attorney who was able to get me the compensation I needed to cover my medical bills and my lost time at work. However, while I waited for the settlement to come through, I had to get creative physically and financially. This blog is dedicated to anyone who is in that limbo position. I hope the posts here help you decide what to do while you wait for the results of your trial.
One of the challenges associated with suing a government agency, such as a public school, for the wrongful death of a loved one is many agencies are protected from lawsuits by immunity laws. These laws often limit the circumstances in which a government entity can be sued to such an extent that it may not be possible to bring legal action against the offender. If you were notified that you can't sue the government for wrongful death because of immunity laws, here are two ways you may be able to defeat this protection.
Look for Laws that Waive Immunity
Sometimes there will be laws that waive government immunity in certain situations. In Georgia, for example, government agencies enjoy immunity from lawsuits except in cases where the county has purchased liability insurance that covers vehicles they own. If a government employee negligently harms someone while in an agency-owned vehicle, then you can bring a lawsuit against the person's employer for damages.
Be aware, though, that the laws may be relatively obscure and limit the amount of money you can collect. Although immunity is waived in accidents involving government vehicles, the maximum amount you can recover in Georgia for incidents that occur after January 1, 2008 is $500,000 for one person in one particular event or up to $700,000 for 2 or more people who are injured or killed in one incident.
Lastly, every state has a statute of limitations that dictates how long you have to file a lawsuit, so keep that in mind when you're doing your research.
Look for a Federal Angle
Another way you may be able defeat government immunity protection is to take the case to court based on the violation of federal laws. A government agency's immunity may be abrogated to allow a lawsuit to proceed if you can prove the government agency broke certain federal laws. For instance, if the agency receives federal funding and violated discrimination laws and that violation somehow led to or contributed to your loved one's death, then you may be granted permission to move ahead with your suit.
Another option is if you can prove the government agency caused harm intentionally (e.g. deliberately denied essential medical care to a patient for no valid reason), then immunity may also be lifted so you can collect compensation for your losses.
Defeating government immunity can be challenging. Talk to an attorney who can help you overcome this problem so you can get the compensation you deserve.
Click here for more information about wrongful death lawsuits.Share
11 April 2016