Government employees and entities benefit from legal protections that can prevent the average person from taking legal action against them. One of these protections is known as “sovereign immunity.” Sovereign immunity can make it challenging for you to file a personal injury claim against a government entity following an accident, even if you have evidence of negligence. While this does not mean it is impossible for you to sue government entities after serious accidents, it is worth your time to understand the complexities of sovereign immunity before filing your claim.
Dominguez Law has extensive experience handling cases involving sovereign immunity in New Mexico. Our attorneys understand the nuances of these legal protections and how they may impact your ability to recover compensation. We provide comprehensive guidance to clients throughout New Mexico, offering Spanish-speaking services and free consultations to help you explore your legal options after an injury involving a government entity.
What Immunities Does the Government Have From Legal Cases?
There are two types of governmental immunity that government representatives and agencies benefit from. These include the following:
Qualified Immunity
This type of immunity protects police officers and government officials from individual liability. Qualified immunity only offers this protection in instances where the accused’s behavior falls under their job description and does not violate the rights established by the Constitution.
Sovereign Immunity
On the other hand, sovereign immunity protects governmental bodies from liability for sovereign functions or policy decisions.
In other words, qualified immunity protects individuals, and sovereign immunity protects institutions.
What Exceptions Are There to Sovereign Immunity?
The immunities offered to government representatives and their entities are not universal. It comes with exceptions that the average person can capitalize on in instances where governmental bodies have compromised a person’s Constitutional rights.
The most common exceptions to allow someone to pursue legal action against a governmental agency include the following:
- Federal Torts Claim Act (FTCA): If a federal employee, upon completing their responsibilities, commits a tort, individuals impacted by those choices have the right to file a claim so long as they meet procedural requirements. If you think you may have a case under the FTCA, it is worth your time to meet with an attorney to discuss your circumstances.
- Dangerous Condition Exceptions: if you suffer an injury due to untreated and dangerous conditions found on public property, you may have the right to pursue a premises liability claim against governmental entities within certain jurisdictions.
- Negligence Exceptions: certain stages allow residents to pursue specific types of claims against governmental entities. For example, if you get into an accident with a government-owned vehicle, your state may award you the right to file a car accident claim against the government-employed driver.
In other words, it is not impossible to hold governmental entities responsible for their negligence. It is challenging, but an experienced attorney can help you jump through the necessary hoops to move your claim forward.
How to File a Personal Injury Claim Against a Government Agency
If you want to open a personal injury claim against a government entity, you need to undertake certain procedures to avoid the immediate denial of action that sovereign immunity allows. You must specifically stay on top of your state’s notice requirements and inform an agency that you intend to take action against them before your deadline expires.
If the entity you intend to take legal action against immediately files an immunity defense, you need to work with an attorney to demonstrate that your case benefits from an exception to that defense. In doing so, you can begin to lay the groundwork for your fight for accident compensation.
Account For Factors That Can Complicate Your Case
Be warned that moving your case forward is just the first difficult step in a long line of difficult steps you need to take to hold government agencies responsible for their negligence. It is always in your best interest to have an attorney walk you through the steps of a governmental case before you commit to legal action.
Moreover, you must have enough evidence to meet or exceed your state’s burden of proof if you want to establish government liability for your losses. Fortunately, working with an experienced attorney may allow you to contact professional investigators. Those parties can go on to help you lay the foundation of your case and counter-accusations of insufficient evidence.
You Can Work With Dominguez Law to Hold Government Entities Accountable For Your Recent Losses
While sovereign immunity can make it difficult to hold certain government entities legally responsible for their negligence, it does not rob you of all legal options. Dominguez Law has the knowledge and experience to help you navigate these complex claims and determine whether your case qualifies for an exception to sovereign immunity protections. Our compassionate and aggressive attorneys are committed to fighting for justice for injury victims throughout New Mexico, providing personalized attention and Spanish-speaking services to ensure all our clients receive the support they need during difficult times.
If a government entity’s negligence has caused you harm, contact Dominguez Law through our contact form or call (505) 850-5854 to schedule your free consultation.
