Massachusetts Personal Injury Library
Suing a State Employee in Massachusetts
Anyone who is injured intentionally, or because of the negligence of another person, is entitled to pursue compensation for any damages that they have incurred. This applies in car accidents, slip and falls, and any other cause of personal injuries. Suing a state employee in Massachusetts is no different, but the law can be a little more complicated regarding such lawsuits.
Suing a State Employee in Massachusetts
If you have suffered personal injuries because of the negligence of an employee of the State of Massachusetts, you can certainly file a personal injury claim against that individual. To do this, it’s advisable to seek the advice of an injury attorney with experience with suing a state employee. An attorney will investigate your case, estimate the value of your claim, and try to get you the benefits that you deserve.
Bear in mind, when suing a state employee in Massachusetts, you must prove that the employee was acting within in the scope of their employment at the time your injury occurred.
Suing the State of Massachusetts
Suing the State of Massachusetts can be even more difficult than suing a state employee in Massachusetts, as the state enjoys certain protections under a waiver of sovereign immunity. To know what your particular case permits, you should consult with your lawyer. Section 2 of Chapter 258 of the General Laws of Massachusetts states that:
“Public employers shall be liable for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any public employee while acting within the scope of his office or employment, in the same manner and to the same extent as a private individual under like circumstances…”
Thus, in some cases, a plaintiff may have the option for legal recourse in suing the State of Massachusetts, but this will depend on the particulars of the personal injury case. It is important to be aware of the statute of limitations when filing suit against a government employee in Massachusetts. You will typically have to file a “Notice of Claim” with the State within 30 to 180 days after the injury occurred. Your Boston premises liability attorney can help you determine if you have filed within the correct time frame and against the appropriate entities.
The Kiley Law Group, a law firm based in Andover, Massachusetts, takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless our trained personal injury lawyers wins your case. Call now to schedule a FREE evaluation of your case – (888) 208-1695.
