If you’ve been injured because of a government employee or agency’s actions in Texas, you might not be sure whether you can file a lawsuit against them. Generally, the government is protected from lawsuits under a legal doctrine called sovereign immunity. However, Texas law allows for some exceptions through the Texas Tort Claims Act (TTCA).
Understanding how these claims work is crucial, as the legal process and requirements differ significantly from those in regular personal injury cases.
The Texas Tort Claims Act (TTCA): An Overview
The Texas Tort Claims Act is found in Chapter 101 of the Texas Civil Practice and Remedies Code. This statute allows injured victims to pursue compensation when a government employee, acting within the scope of their employment, injures them or causes property damage through their negligence.
For example, you may be able to bring a claim against a government body for:
- A car accident or a truck accident caused by a government employee driving a government-owned vehicle
- Injuries caused by the condition or use of government property, such as a building, roadway, or piece of equipment
- Premises liability incidents, such as slips and falls on public property, due to poor maintenance and other kinds of unsafe conditions
However, the TTCA does not allow lawsuits for every type of harm caused by a government actor. Certain acts are excluded, such as intentional torts, though you may have other legal options in that type of scenario instead.
Filing a Government Tort Claim in Texas
Filing a tort claim against a Texas government entity is not the same as filing a lawsuit against a private individual. Before you can sue, you must provide the government agency with notice of your claim.
This notice must include:
- The date, time, and location of the incident
- A description of what happened and the damages you suffered
Under the TTCA, you generally have six months from the date of the incident to provide written notice to the appropriate government unit. However, some local governments have shorter deadlines. For example, the time limit for the City of Friendswood is 100 days.
Proving Liability Under the TTCA
To succeed in a government tort claim, you must generally prove the same basic elements of negligence that apply in private injury cases:
- Duty: The government employee owed you a duty to act with reasonable care.
- Breach: The employee failed to meet that duty by acting carelessly or negligently.
- Causation: The breach was the direct and proximate cause of your injuries.
- Damages: You suffered compensable harm, such as financial losses and pain and suffering.
You’ll need to bring evidence to support your compensation claim. This may include items such as witness statements, accident reports, photographs, medical records, and expert testimony.
How Long Do I Have to File a Government Tort Claim?
In most personal injury cases under Texas law, you have two years from the date of the injury to file a lawsuit. However, when suing a government entity under the TTCA, the notice requirement takes precedence, and it’s significantly shorter.
As mentioned, you generally must give written notice within six months (and some local entities have even shorter deadlines). You don’t need a formal denial to file suit—the ordinary two-year statute of limitations still applies, though some local rules may require a brief waiting period after notice before you can file.
Failing to meet either deadline usually means your case will likely be dismissed permanently. That’s why consulting with an experienced personal injury attorney as soon as possible after an accident is essential.
How a Texas Personal Injury Lawyer Can Help You File a Government Tort Claim
Government tort claims are among the most technical and challenging cases under Texas law. Between strict notice deadlines and limited waivers of immunity, one procedural mistake can end your claim before it starts.
A personal injury lawyer can help you with your case by:
- Identifying which government entity is responsible for your injuries
- Preparing and submitting the required notice on time
- Gathering and preserving critical evidence
- Calculating the full value of your damages
- Negotiating with government attorneys and insurance adjusters as applicable
- Filing a lawsuit if your claim is denied
Having legal representation not only ensures that your rights are protected but also increases your chances of receiving fair and equitable compensation.
Contact the Friendswood Personal Injury Lawyers at The Law Firm of Alton C. Todd Personal Injury Lawyers for Legal Help
If you’ve been injured because of a negligent government employee or unsafe public property condition, you may have the right to file a claim under the Texas Tort Claims Act. However, strict rules make it critical to act quickly.
A knowledgeable Friendswood personal injury lawyer can review the facts and circumstances of your case and help you navigate the complex claims process from start to finish.
Contact The Law Firm of Alton C. Todd Personal Injury Lawyers today at (281) 992-8633 for a free consultation to learn more about your legal rights and next steps.
