Injured by a Government Entity? Your Legal Options Explained

What may at first sound like a simple question with an easy “yes” or “no” answer turns out to be actually quite complicated. That’s because there are a number of long-standing legal precedents limiting the rights of citizens to sue local, state and federal governments, which differ substantially from each other and require solid knowledge of the law as well as a detailed understanding of some seminal legal concepts, including the statute of limitations and sovereign immunity.

Let’s take a few moments here to help clarify the rights of Michiganders who’ve been hurt by the actions (or inaction) of governmental authorities on the local, state and federal levels. We’ll begin with the most basic of these rules – sovereign immunity.

What is sovereign immunity, and how can it affect your rights to sue?

We might not like it much here in the United States of America sometimes, but it’s a fact that many of our county’s most enduring legal standards are based on British Common Law dating back centuries. Sovereign Immunity is one such concept and, as the trusted scholars at the Cornell University Law School explain, it was originally founded based upon the belief that England’s monarch was infallible. (Remember your high school history lessons about the “divine right” of kings?) As a result, just about anything decreed by the king was determined to be the law of the land and no one – not even lords, ladies, or the landed gentry – had any right to say otherwise.

However, as Americans proud of our hard-earned liberties, we don’t generally don’t share the old-fashioned belief that kings – or even presidents – can do no wrong nowadays. Which is why even though sovereign immunity is still an important aspect of our legal system, as a point of law it isn’t always held to the same high standard as it once was in jolly old England.

For instance, the Federal Tort Claims Act seeks to outline the rights of American citizens to sue the government under specific conditions we’ll describe in a moment. Likewise, Michigan has written its own Governmental Liability for Negligence Act that outlines conditions and circumstances under which the state and municipalities can be sued for personal injuries resulting from their negligent actions. In both cases, however, there are strict statutes of limitations you need to observe when filing personal injury lawsuits.

What is the statute of limitations, and why is it essential to observe it?

One important element of both federal and state laws concerning personal injury lawsuits is that there are stringent statutes of limitations (consider them deadlines) that make it essential for injured parties to file lawsuits promptly. Failure to do so usually means a court will immediately throw out suits that are filed after the legal deadlines. In the case of lawsuits targeting the federal government, the statute of limitations is two (2) years from the date of the injury. The state of Michigan has an even shorter deadline: as few as 45 days depending upon your circumstances and the governmental body being sued. We’ll further outline these rules in a moment.

What special rules affect personal injury lawsuits against the federal government?

As we’ve just mentioned, you only have two years to file a personal injury or negligence lawsuit against the federal government before the statute of limitations has passed. Wait any longer and you’ll be out of luck. In addition, there is a designated document that must be completed whenever a suit is filed against the federal government. It’s called Standard Form 95 (SF-95), which is titled “Claim for Damage, Injury, or Death,” and it requires careful attention to avoid mistakes that could disqualify your claim before it’s even considered by governmental authorities. Importantly, the form reiterates the statute of limitations, stating (yes, in all capital letters!): “THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES.”

Furthermore, the Federal Tort Claims Act specifies the following: “In order to state a valid claim, the claimant must demonstrate that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains. The claimant must also provide documentation establishing that his claim satisfies all the elements of the FTCA.” If all that sounds complicated, it certainly is! Which is why you’ll definitely want a dedicated and experienced personal injury attorney working on your behalf from the moment you’ve been injured by someone working for the federal government.

What special rules affect personal injury lawsuits against state and local governments in Michigan?

If you thought suing the federal government sounded difficult, it can get even more challenging here in Michigan. As mentioned above, there are strict timelines that must be followed to protect your right to sue Michigan-based governmental entities for personal injuries resulting from negligence. A document called “Notice of Claim” is the first thing that needs to be completed and filed with the appropriate entity. Some municipal governments (Bay City is one good example) have their own forms which must be used, but finding the right form for the appropriate governmental unit can be nearly impossible if you don’t know where to look. Then, after beginning the process by identifying and filing the proper Notice of Claim, you’ll need to jump through a number of legal hoops that are detailed in the fine print of the state’s 11-page Governmental Liability for Negligence Act to continue with your case.

What’s more, damage or injuries caused by certain special situations have their own sets of rules. One common example is damage to your car caused by potholes. In this case, you’ll need to do some digging into local government websites or, if you happen to have been on a state road when your car was damaged, you’ll need to call MDOT at 248-451-0001 (which can be a challenge in itself!). For instance, the Road Commission of Oakland County has its own particular form that must be filled out for pothole damage claims. And that form includes some very demanding requirements. Specifically, it says “under state governmental immunity laws, including but not limited to MCL 691.1402, MCL 691.1403, MCL 691.1404 and MCL 224.21 you must show that the RCOC failed to maintain the actual roadbed of the highway in reasonable repair to prove a highway defect claim. You also must show that the RCOC knew of the condition and had an opportunity to repair it, or it existed for more than 30 days. For all other damage claim submissions, other state governmental immunity laws may also apply (See MCL 691.1401 et seq). If you live elsewhere in Michigan, you’ll need to delve into your local municipality’s website to find out how it handles similar claims.

But Michiganders have been injured by governmental authorities in many more situations beyond merely running their beloved cars into potholes. In another helpful article, we offer advice on how to file suit if you’ve been hurt by public transit such as a city bus or school bus. We are also intimately familiar with laws regarding injuries resulting from police misconduct. And you’ll also want to know about a very helpful Michigan State Supreme Court decision that ruled snowmobiles improperly operated by DNR officers don’t fall under governmental immunity laws, a decision stemming from an incident where the officers were driving their vehicles in the wrong direction on a road and caused innocent riders to crash their snowmobiles.

Of course, whether you’ve been hurt by poor road conditions, negligence on the part of state or municipal employees, bad driving by a city bus operator, wrong-way snowmobiles operated by state officers, or any other reason connected with a local or state governmental entity, department or employees, we’re ready to take on all the necessary steps to protect your rights, and will diligently work on your case to be sure nothing is missed or misfiled along the way.

Who should you call if you’ve been harmed by any branch of government?

If you haven’t arrived at this conclusion yet after everything we’ve said here, let us spell it out for you. Whenever you’ve been injured through no fault of your own, whether it’s by an individual, a company, a government entity, or some other organization, call Mike Morse Law Firm immediately at 855-MIKE-WINS (855-645-3946) so we can begin establishing the basis of your case – filing necessary documents to initiate legal action, gathering evidence to support your claim, contacting essential eyewitnesses and expert witnesses, and taking any other steps necessary to protect your legal rights and help you gain the compensation you deserve for your injuries. And remember – nothing we do on your behalf will cost you one red cent out of pocket, thanks to our contingency fee arrangement, which means even people with limited means don’t need to feel limited when it comes to being compensated fairly whenever and wherever they get hurt in Michigan.