Massachusetts Personal Injury Library
Filing a Massachusetts Personal Injury Claim Against a Government Entity
If you have been involved in an accident where you were injured by a government worker or through the neglect of a government agency, you may able to hold that entity liable for your injuries and accident-related expenses.
Going against the government may seem scary, but the best way to counter that fear is to contact an experienced Massachusetts personal injury lawyer who understands the requirements and stipulations involved in a filing a claim against a government entity.
Filing a claim against a government entity is different from filing a personal injury claim against a person or company and therefore, must be approached differently.
Personal Injury Claims Against Government Entities
Before your even file your personal injury lawsuit, you are required to file a notice of claim within 60 days of your injury to the government agency you want to file against. Depending on what agency you are suing, i.e. – a city, a county, the State, or a specific agency like a police department, each area will have their own procedures, timelines, paperwork, and requirements.
The rules for filing a claim against a government entity are called Tort Claims Acts. If, for some reason, you do not adhere to the rules and special provisions for filing a personal injury claim against a Massachusetts government entity, you will lose all rights to receive benefits.
Since the government is involved, there will be a lot more red tape involved than a typical personal injury claim so it is vital to speak with an experienced personal injury attorney as soon as possible after your accident to ensure you follow all procedures correctly within the limited time frame available to you.
Filing a Notice of Claim
To get the ball rolling on your Massachusetts personal injury claim, you will need to file the notice of claim as soon as possible. After your notice has been filed, the Massachusetts government entity will review and respond to your claim. You cannot file a lawsuit against a government entity without first filing a notice of claim.
The government can now do one of two things: accept your claim or reject your claim. If the government accepts your claim, then congratulations!
The acceptance of an initial claim is quite exceptional in these matters. If this is the result, the government agency in question will offer you a settlement or award you the amount of damages requested in your claim.
It is most common for the entity to deny your claim, in which case you will move your personal injury claim forward to civil court. Your Massachusetts personal injury lawyer will work with you during this time to continue gathering evidence and building your case.
If you have a personal injury claim against a government entity in Massachusetts, it is best to consult the Boston personal injury attorney Tom Kiley at 1-888-208-1695 to help you determine liability in your personal injury case and file the appropriate injury claims on your behalf.
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