When appropriate, a person who has sustained serious injuries in an accident can pursue a government tort claim in Phoenix AZ. If you sustain an injury as a result of a government employee’s negligence, understanding your rights is critical if you need to file a legal claim to recover damages. There’s a lot on the line for your future in this situation, so you should consider retaining legal representation provided by a Phoenix government tort claim attorney. At Alex & Saavedra, our attorneys thoroughly understand the often complex process of government tort claims.
If you file a personal injury lawsuit against the state of Arizona due to negligence on the part of a government employee or entity, you need a knowledgeable attorney with experience filing a government tort claim in Phoenix AZ. When you have been seriously injured as a result of an Arizona government employee’s carelessness, very likely you can pursue a personal injury claim. After a free consultation with an attorney from Alex & Saavedra you’ll have a much better idea of whether or not you want to pursue a claim.
The Challenges of Pursuing Government Tort Claims
Things get more complicated when the potential at-fault party is a government entity or employee. Arizona Revised Statutes section 12-820 outlines the specific rules about when an individual may and may not file any claims against the government. Only certain cases will enable you to file a government tort claim in Phoenix AZ.
Your Alex & Saavedra attorney can also help you determine whether or not you have grounds to file a government tort claim in Phoenix AZ. It’s important to understand that a tort claim case is typically more complicated than a traditional personal injury claim. We can help.
When You Cannot File a Government Tort Claim
Arizona laws contain a number of exceptions in which a person cannot sue the government for loss or injury, such as:
- Regulation and licensing
- Plans for design or construction of roads
- Implementation, enforcement, or establishment of light rail safety standards
- Discretionary functions
- Legislative or judicial functions
In general, government employees or employers cannot be sued under any of the following circumstances, unless the injured individual can prove that the employee acted with gross negligence:
- Failing to detain or arrest someone
- Injuries caused by prisoners
- Property inspection failures
- Injuries that happened while the individual is carrying out the terms of community service or probation
- Certain car accident injuries
- Injuries caused while providing emergency assistance or care
You must move forward with a government tort claim in Arizona within 180 days of the injury date. The claim needs to include an explanation of how the injuries occurred, what happened, the dollar amount that the injured individual is claiming, and facts that support this amount.
A Phoenix government tort claim attorney can assist you with navigating this complex process. It is strongly recommended that you consult with a lawyer from Alex & Saavedra who has experience with pursuing a government tort claim in Phoenix AZ.