Under the Federal Tort Claims Act, United States citizens are allowed to file a claim against a government employee involved in accidents that result in an injury. The Catch 22 of filing a claim against these employees is that if the government rules that the employee has sovereign immunity, then the claim is thrown out of court. Anyone who feels that they were wronged by a government employee or agency should consult a Personal Injury Attorney in Suffolk County NY to discuss these matters.
New York Laws
The New York General Municipal Law 50-E, New York County Law 52, and New York Claims Act 10 all imply that victims who wish to file a claim against government, county, or state employees or agencies have a ninety-day deadline to submit this action to court. Any claimants who wish to file a lawsuit have only a one-year window to file. The state requires victims to file an administrative claim prior to the submission of a lawsuit; all facts related to the case are included in this claim. After this, claim is submitted, victims have six months to file their lawsuit.
Examples of Personal Injuries
Common accidents that include a government entity include but are not limited to automobile accidents in which a municipal vehicle was involved, a slip and fall within a post office, or injuries sustained during surgery involving a VA doctor. Accident reports must show that the employee or government entity was at fault, and the case must fall within the allowed tort regulations. The difficulty that victims face with government-based lawsuits is that the government, itself, decides when victims are allowed to file a claim.
Limitations
The employee indicated in the lawsuit must work for the government, state, or county. Any independent contractors hired for specific projects are excluded and protected by government-based laws against litigation. Negligence or misconduct claims must follow the rule that proves that the event occurred within the scope of the individual’s employment. This implies that the events occurred within the place of employment. Any negligence or misconduct claim must adhere to the laws and guidelines of the state of New York to qualify. A Personal Injury Attorney in Suffolk County NY can assist victims by verifying the validity of their claim based on these laws.
