Can You Sue the Government for Wrongful Death?

When a loved one dies because of negligence, their family can file a wrongful death lawsuit for damages. However, wrongful death claims are more complicated when the responsible party is a government agency. There are different requirements for suing the government for wrongful death, and it depends on whether you are suing a federal, state, or local government agency.

If you wish to take legal action after a loved one dies in an accident involving a government worker, talk to a local wrongful death lawyer to learn more about your options.

Government Immunity in Wrongful Death Cases

In a wrongful death lawsuit, surviving family members seek financial compensation for the loss of their loved one. The person, business, or other party responsible for negligent acts that cause the victim’s death is liable for damages.

However, the wrongful death claim process is different when the party responsible for the wrongful act is a government employee or agency. Some government agencies and employees have what is known as “sovereign immunity,” which limits liability in personal injury and wrongful death claims. There is also the legal doctrine of “qualified immunity,” which protects individual government employees from personal liability in lawsuits when they were doing their jobs.

When Can You Sue the Government for Fatal Accidents?

Immunity doesn’t shield all government entities and employees. There are exceptions to sovereign immunity and qualified immunity that allow family members to file a wrongful death lawsuit to hold the government responsible. These exceptions include when:

• The government waives immunity
• A government agency or employee intentionally caused injuries or accidents
• A government worker knowingly violates the law or acts with extreme recklessness or incompetence
• A government worker committed wrongful acts outside the scope of their employment

For example, a police officer is in the middle of a car chase. The officer causes a fatal car accident and kills an innocent bystander. The officer may have immunity. However, they can lose immunity protections if they violate police policies when causing the accident.

Many state governments have limited or eliminated qualified immunity for their employees. If state law waives immunity for state workers, you can treat the agency like any other defendant in a wrongful death case. However, there are additional restrictions on filing wrongful death and personal injury claims against federal agencies.

Legal Procedures for Suing the Government

The Federal Tort Claims Act (FTCA) limits your ability to file a wrongful death lawsuit against federal employees. To recover damages, under FTCA, you must prove that a government agency or employee:

• Was acting in the scope of their employment at the time of the accident
• Was acting negligently or recklessly
• Caused your loved one’s death

The FTCA only applies to claims against the federal government or federal workers. However, state and local governments may have similar state laws for filing wrongful death claims against their workers. A wrongful death lawyer can advise you on what you have to do to sue the government for a fatal accident.

Deadlines for Wrongful Death Claims Against the Government

For regular wrongful death lawsuits, the statute of limitations puts a time limit on how much time you have to file a lawsuit. Government claims often have shorter filing deadlines.

Most wrongful death claims against the federal, state, or local government also have notice requirements for filing a lawsuit. There are typically strict limits on how long you have to notify the government that you are going to take legal action. Notice restrictions require making a detailed allegation with a total amount in claimed damages. For example, if you file a wrongful death claim against a government agency in New York, you must file a notice of claim within 90 days of the accident.

Wrongful Death Damages Against the Government

Compensation available in wrongful death claims generally includes compensatory and punitive damages. Economic and non-economic damages include:

• Medical bills
• Funeral expenses
• Loss of financial support
• Property damage
• Punitive damages

However, wrongful death claims against the government can limit what you can recover in compensation. Most claims against the federal government limit punitive damages. State and federal laws can also limit how much you can recover in non-economic damages.

Importance of Legal Help in Government Wrongful Death Cases

There are strict deadlines for wrongful death claims against government agencies. If you file your claim too late, you could lose your chance to get compensation. There are also specific regulations for filing a claim against the government. An experienced attorney understands the important deadlines and legal process for suing the government.

Most wrongful death lawyers offer a free legal consultation where they can hear about your case and explain your legal options. Your attorney can handle your lawsuit to make sure your rights are protected and that you present the strongest case possible. For more information about how you can sue the government for the loss of a loved one, contact a wrongful death attorney for legal help.