The United States government is big and powerful but also susceptible to negligence claims. If you have suffered an injury or loss due to a government agency’s actions or inaction, you may be able to sue for compensation. However, suing the government isn’t as simple as suing a private party.
For example, different laws apply in federal court than in state court; deadlines are shorter, and some claims are easier to prove than others. This article will discuss how to file an injury claim against the U.S. government.
Read the Statute of Limitations In Your State
In the United States, each state has its statute of limitations for lawsuits. The statute of limitations is the time limit you must file your lawsuit. Statutes of limitations vary from one to three years and may be shorter for injuries that are permanent or longer for temporary injuries.
If you lived in one state and were injured in another, check your home state’s statute of limitations before filing your lawsuit in federal court. If you cannot find any information online about your state’s specific statute of limitations, contact an attorney specializing in personal injury law or consult a legal research service.
Figure Out What Kind of Claims You Have
The first step in suing the government for negligence is determining what kind of claims you have. You can sue for negligence, breach of contract, and constitutional violations. Suppose you want to sue based on a constitutional issue and also want money damages. In that case, you will need another theory, such as “torture” or “emotional distress.”
Suppose your claim is based on emotional distress alone. In that case, it is called a “negligence per se” claim because the government’s negligence caused the damage you suffered without any other factors—just their carelessness directly caused your injuries. Or when someone is exposed to a hazardous environment whose implications are seen decades later. Like in the Camp Lejeune case.
Cancer-causing substances were discovered in drinking water at the Marine Corps Base Camp Lejeune on the coast of North Carolina in 1982. The chemicals caused various health problems like leukemia, lymphoma, and neural tube defects, to name a few, in people of different ages. The lawsuit is brought to the United States District Court for the Eastern District of North Carolina to recover compensation for injuries caused by exposure to polluted water.
If you or a loved one was stationed at Camp Lejeune between August 1953 and December 1987, you are eligible to file a Camp Lejeune Lawsuit to claim compensation and healthcare benefits. So hire an experienced attorney and file the lawsuit if a disease has occurred to you or a loved one after being at Camp Lejeune.
Choose to File In Federal or State Court
You can file suit in federal or state court. In the United States, federal courts are more formal, with stricter rules for filing cases. The federal court is more likely to dismiss your case if you don’t follow these rules.
State courts are less formal and have fewer restrictions on what types of cases they can hear. This can be an advantage if you want to get your case heard quickly or if your case doesn’t fit into any specific categories under current law.
On the other hand, state courts may be less familiar with specific legal issues. They may not be able to provide as much guidance as a federal court when deciding how to interpret laws explicitly related to claims like yours.
Get a Lawyer
If you’re confident in your ability to represent yourself, then, by all means, go ahead! You’ll have to research and make the filings yourself, but this route is much cheaper than hiring an attorney.
On the other hand, hiring a lawyer may be a better option if you feel your case is complicated and tricky—or if you just don’t want to put in all that effort. Your lawyer will handle everything for you, so there’s no need for complex legal maneuvering.
And since they’ve done these kinds of cases before and know what they’re doing, they’ll know precisely how best to present your case before court officials who might not be familiar with them.
But keep in mind: even though lawyers are beneficial when it comes time for trial proceedings and dealing with opposing counsels, their role ends once all evidence has been presented and witness testimonies offered. After this point forward, there’s nothing more left but waiting until jury members reach their verdicts.
Collect Evidence For Your Claims
You need to gather as much evidence as possible to prove your claims. If a witness saw what happened, get their statement. If you were injured in an accident, get medical records and any other evidence that could help prove negligence on behalf of the government.
You can also file a Freedom of Information Act request with the government agency involved to see if they have any documents related to what happened or how they handled it.
In addition to evidence from witnesses and yourself, you may be able to find police reports from the scene or any witnesses who called 911—these can help show that your injury was caused by someone’s negligence or misconduct and not just because it was an unfortunate accident.
Draft and File Your Complaint
The next step is drafting your complaint. You must include all the information the court needs to hear your case. This can be done in several ways; however, it is best to have an attorney draft this for you so that they know what questions to ask and what information is required by law.
After drafting the complaint, you will file it with the court and pay filing fees which vary based on where in the country you live and how much time has elapsed since your incident occurred.
Once filed, serve notice on everyone involved with your case—including anyone who could potentially be held responsible for any damages incurred by either party in this action.
Serve the Complaint on the Government Attorney
Serving the complaint to the government attorney is crucial to your lawsuit. You need to know where they work and how to serve him or them in person. You can look up the address of where they work on the internet or seek legal help. The important thing is that you must be able to find out where they work so that you know how to serve them with a notice about your case against them.
You’ll also want proof of service: an affidavit from an adult witness who saw you hand-deliver it at their office building and knew exactly whom it was for, signed by both yourself and this adult witness with original signatures.
This affidavit must state what time it was served on the government attorney and whether there was anyone else waiting in line next door who might have seen what happened when handing over notice about your case against their employer regarding negligence leading up to loss due to compensation claims like yours.
Get Ready to Go to Trial
It’s important to know that, even if you win your case, it may be some time before you see any money. The government will appeal and will likely try to delay payment as long as possible. It can take years for a ruling in favor of a plaintiff to be enforced by the courts—if the government doesn’t appeal or otherwise stall it. So don’t expect your check anytime soon.
You Can Sue the Government, but It Isn’t Easy, and You Need a Strong Case
Suing the government is not easy, and you will be up against several obstacles. First, you need a strong case for your lawyer to take it on. If they think that your claim has little chance of success—either because there aren’t any laws that apply in your situation or because there are no damages that can be proven—they may turn down your offer to hire them as counsel.
Second, you need patience: if your case takes too long while litigated in lower and appeals courts, it could take even longer once it reaches the Supreme Court! This can be especially true if multiple plaintiffs and defendants are involved in this lawsuit. Each side will try every trick they can think of simply so they don’t lose any time waiting around while their opponents’ lawyers play games with them using procedural tactics like “discovery.”
Which are designed to keep cases from proceeding smoothly towards trial date deadlines set by law for either party involved should one decide not to cooperate with others’ requests for information during the discovery period before the trial date arrives and sometimes after those deadlines too!
Conclusion
If you have suffered a loss because of the government’s negligence, you may be able to sue. If this is your first time filing a lawsuit, it can seem overwhelming, but this article has given some insight into what steps to take. Remember that it is best to seek professional help from an experienced attorney or law firm to ensure your case is handled correctly from start to finish.
