Special Rules For Personal Injury Caused By A Government Employee’s Negligence.

May 7, 2013

In many cases, when a government employee is negligent and causes personal injury while working, the government – whether it be the City of Buffalo, the New York State government or the federal government – is responsible for any damages.  When making a personal injury claim against the government instead of a private person or business, the rules change significantly.  It is strongly recommended that you consult an experienced personal injury attorney if you are injured due to the actions or negligence of a government employee.

When the government is responsible for damages, the injured party is required to report his or her claim to the appropriate government agency within 90 days.   If a claim is not reported within this time, the opportunity to make a claim may be over.  While it is sometimes possible to file a late claim, the injured person will be required to offer an acceptable excuse explaining why the claim was not made on time.

If a claim is reported on time, the government agency may then either accept responsibility or deny it.  This decision often will not be made until after a special hearing is run where the government’s lawyer questions the injured person.  In some cases, the government attempts to settle the claim by offering to pay for damages.  If the government denies responsibility or cannot reach an agreement regarding what is fair compensation for the personal injury, the injured person may then sue.

Again, if you are in this situation, you should find an experienced personal injury attorney to assist you.  We have pursued many personal injury cases involving the negligence of government employees and can be reached at 716-400-0000.