Government entities are not immune from lawsuits, however, filing a claim against a government entity in the state of Missouri comes with more strict rules than a typical lawsuit. “Sovereign immunity” is a legal doctrine that does not allow citizens to sue the government, unless the government agrees to the lawsuit. However, Missouri is one of many states that has enacted legislation to allow citizens to file lawsuits in order to hold the government liable for acts of negligence.
Missouri Tort Claims Act
The Missouri Tort Claims Act allows citizens to file a lawsuit against the state of Missouri under certain circumstances. The exceptions to sovereign immunity in the state of Missouri will allow a victim to receive compensation from the state if the damages are the state’s fault due to negligence. The Missouri Revised Statutes addresses the conditions under which a person in the state of Missouri may sue the state.
- Public Employees. If during the course of their employment, a Missouri state employee injures another party while operating a motorized vehicle, and due to the state employee’s, negligence another party suffers injuries, the other party may sue the government for damages.
- Public Property. If the state of Missouri has a dangerous condition on Missouri’s public property that caused an accident that resulted in a victim’s injuries, then the victim may be able to sue the government for damages.
Proving a Claim
If you were a victim as a result of the state of Missouri’s negligence, you will need to show that the Missouri government agency (or Missouri state on-duty employee) had a duty of care to the public, breached the duty of care through an act of negligence, and that this breach of duty directly caused the victim to suffer injuries or property damage. Because there are only certain circumstances under which you may hold the state of Missouri liable, visiting with an experienced personal injury attorney can help you understand your rights and build a strong case for you to receive compensation for your injuries.
How to File a Claim Against the Government in Missouri
The Missouri Tort Claims Act allows certain victims to sue the state of Missouri under certain circumstances for very specific acts of negligence. However, the process to file a claim against the state of Missouri can be legally complex and challenging. A victim has only 90 days to bring a formal complaint or claim against the state of Missouri after the accident. This very short window of opportunity to file a claim for any damages you may have suffered as a result of the state of Missouri’s negligence, or from a Missouri state on-duty employee, makes it even more important for a victim to speak to an experienced attorney as soon as possible with regard to a possible claim.
Contact an Experienced Personal Injury Attorney
If you were in an accident that you believe was the fault of the state of Missouri or the fault of an on-duty Missouri state employee, you have only a limited period of time in which to file a claim or lose your right to recovery. Contact our legal team at Griggs Injury Law at (816) 474-0202 for a free consultation today.