Did you know that as a car accident victim you can claim compensation even from government entities? You can, and you should, but your mission will not be easy. To ensure its success, you should consider working with an experienced Surprise car accident lawyer. In theory, your rights are the same no matter who causes your accident injuries or property damage. In practice, different rules and procedures apply. Getting money against the government entity will not be easy. Anyone who has ever attempted it can confirm it.
It takes a skilled and experienced auto accident attorney to guide you through the process. Until you decide to contact an attorney, we will review the basics in the following lines. Keep in mind that all this general information will have to be applied to the specifics of your case.
Claims Against a Government Entity and Why You Need a Car Accident Lawyer
First of all, it is important to keep in mind that Arizona law restricts actions against certain government entities. For example, Statutes Section 12-820.01 provides immunity to public entities whose employees:
- Exercise judicial or legislative functions
- Exercise administrative functions that involve determining fundamental government policies
- While acting within the scope of their employment, injure the driver of a motor vehicle violating sections 28-693 or 28-1381-1382.
Statutes section 12-820.04 exempts public entities and employees acting within the scope of their employment from paying punitive damages.
To determine whether the party responsible for your losses is subject to exemption you should consult a Surprise car accident attorney. They excel at deciphering and applying the law, so you will surely benefit from their advice. Assuming you do have a claim, let us see what procedures you have to follow.
Guide to Filing a Car Accident Compensation Claim Against a Government Entity
According to Statutes section 12-821.01, you have to file your claim with the respective entity. The deadline for filing it is of 180 days from the accident. Your claim should include:
- Enough facts to allow the public entity to understand the basis of your liability claim
- The amount for which you are willing to settle
- Justifications and supporting evidence for the claimed amount
It is important to note that:
- If you do not act within 180 days, you lose your right to compensation.
- The clock starts running on the day you become or should reasonably become aware of your losses.
- If your claims requires dispute resolution, review process, etc. the deadline starts running when such procedures are exhausted.
- For minor and disabled claimants, the clock starts running when they become of age or their disability ceases.
Beware: Claims against government entities classify as denied 60 days after filing if the claimant does not receive another prior notification.
Assuming you comply with the above stipulations and your claims is justified, it will probably be settled in court. This means you will have many more procedures to follow and you will need consistent evidence. You will need to prove that:
- The government entity or their employee owed you a duty of care
- They breached their duty
- Their actions caused your losses
- The losses you incurred justify the amount you claimed as compensation
Of course, all these are easier to accomplish with the help of an experienced Surprise auto accident lawyer. They can review your case and tell you what to expect. They can help you calculate your losses, give your claim a fair value, and justify it.
You will no longer need to worry about meeting deadlines, filling in paperwork, or following complicated procedures. Your auto accident lawyer will do everything for you and let you move on with your life. They will only inform you of their progress and assist you in making the best decisions for your case.
Of course, none of this will be possible if you do not seek legal help. You should do so as soon as possible. As mentioned above, you only have 180 days to take action, and the clock is ticking. Gathering evidence and preparing the claim takes time as well, so hurry up!
Discuss Your Claim against the Government with an Experienced Car Accident Attorney in Surprise, AZ
At Warnock MacKinlay Law, we have handled numerous claims against government entities. Our Surprise car accident lawyers are well familiar with all the exemptions and special procedures.
They will gladly put their knowledge and experience to work and get you the compensation you deserve. Give them a chance by calling 623-299-2747 and scheduling a free consultation. You have nothing to lose, but you will gain valuable information and advice.