How to Prove a Personal Injury Claim Against a Government Entity

Filing a personal injury claim against a government entity requires navigating complex legal procedures and meeting strict requirements that don’t apply to standard personal injury cases. These claims often involve unique challenges, including shorter deadlines, specific notice requirements, and immunity protections that can make proving your case more difficult.

When you’re injured by a government entity’s negligence, the experienced attorneys at Knowles Law Firm help you understand your rights and build a strong case. With 55 years of experience handling personal injury claims in Nebraska, we understand the specific procedures required for government liability cases and can guide you through each step of the process.

Understanding Government Immunity and Exceptions

Government entities typically operate under sovereign immunity, which protects them from many lawsuits. However, Nebraska has waived this immunity in certain situations through the State Tort Claims Act and Political Subdivisions Tort Claims Act. These laws allow you to pursue compensation when government employees act negligently within the scope of their employment.

Common situations where government immunity may not apply include car accidents involving government vehicles, slip and fall incidents on government property, and injuries caused by poorly maintained roads or sidewalks. The key is proving the government employee was acting within their official duties when the incident occurred.

Government immunity doesn’t extend to all activities. For instance, when a city employee operates a vehicle negligently while performing routine duties, or when a county fails to maintain safe conditions on public property, these actions fall outside immunity protections. 

Critical Notice Requirements and Deadlines

Government claims have much stricter deadlines than typical personal injury cases. In Nebraska, you must file a written notice of claim within one year of the incident for state government claims and within two years for local government claims. This notice must include specific details about the incident, injuries sustained, and the compensation you’re seeking.

Missing these deadlines typically bars you from pursuing any legal action. The notice requirements are technical and specific, requiring exact language and proper delivery methods. 

Even small errors in the notice can result in your claim being denied on procedural grounds.

The notice must be delivered to the correct government office, which varies depending on the entity involved. State claims go to the Nebraska Claims Board, while local government claims go to the specific city, county, or municipal authority. Proper service is essential, and many claimants lose their rights simply because they sent their notice to the wrong office or used incorrect delivery methods.

Essential Evidence for Government Claims

Proving negligence against a government entity requires thorough documentation and evidence collection. You’ll need to gather incident reports, photographs of the scene, witness statements, and medical records documenting your injuries. For premises liability cases involving government property, maintenance records and inspection reports become crucial evidence.

Video surveillance footage from government buildings or traffic cameras can provide valuable evidence, but this footage is often destroyed quickly if not preserved through proper legal channels. Government entities may also have internal policies and procedures that, if violated, can strengthen your negligence claim.

Documentation becomes even more critical in government cases because these entities often have extensive record-keeping systems. Training records for employees, maintenance schedules for property and vehicles, and internal incident reports can all provide valuable evidence. However, obtaining these records often requires formal discovery processes or Freedom of Information Act requests.

Overcoming Common Defense Strategies

Government entities and their insurers often employ specific defense strategies to minimize liability. They may argue that the employee was acting outside the scope of their employment, claim discretionary immunity for policy decisions, or assert that dangerous conditions were “open and obvious” to avoid liability.

Successfully countering these defenses requires detailed knowledge of government operations and legal precedents. For example, in truck accident cases involving government vehicles, proving the driver was following official protocols while being negligent requires careful analysis of training records and operational procedures.

Government entities may also claim they’re protected by design immunity, arguing that injuries resulted from inherent design choices rather than negligent maintenance. This defense often applies to road design cases but can be overcome by showing the government failed to address known hazards or ignored safety standards.

Working With Experienced Legal Representation

Government personal injury cases require attorneys who understand both the legal complexities and the practical challenges of these claims. Insurance companies representing government entities are often more aggressive in their defense strategies, knowing that procedural mistakes can eliminate claims entirely.

Personal injury attorneys experienced in government liability cases know how to properly investigate these claims, preserve evidence before it’s destroyed, and navigate the complex procedural requirements. They also understand how to value these cases appropriately, considering factors like ongoing medical needs and lost earning capacity.

Get Help With Your Government Injury Claim From Knowles Law Firm

Government personal injury claims require immediate action due to strict deadlines and complex procedures. The attorneys at Knowles Law Firm have the experience to navigate these challenging cases and fight for the compensation you deserve. We provide personalized attention to each case and work diligently to move your claim forward quickly.

Don’t let procedural technicalities prevent you from seeking justice for your injuries. Contact our experienced legal team today to discuss your government liability claim and learn how we can help you through this difficult time. Call (402) 431-9000 or contact us online to schedule your consultation.