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Is It Possible to Sue a Government Agency for an Accident in Texas?

In Texas, it is possible to file a personal injury claim seeking compensation from a government agency if their negligence caused an accident that left you injured.

However, it is important to be aware that successfully resolving such a claim is more complicated than one against a private individual or commercial entity. Certain criteria must be met, and the claim must be submitted within a short window of time.

If you have suffered a serious injury because of a government employee or entity, an injury lawyer from Colley & Colley, LLP can help you obtain full compensation for your injuries.

The Texas Tort Claims Act

At one point, it was impossible to sue a government agency in Texas due to the concept of “sovereign immunity.” However, the Texas Tort Claims Act of 1969 revised the laws governing sovereign immunity and permitted suing the government under certain conditions:

  • The involved government employee must have been performing his or her official duties.
  • The at-fault government employee must have done one of the following:
    • Not responded to or reacted to an emergency
    • Acted deliberately
  • The claim for compensation must be filed within a specified period of time following the accident, depending on the specific government entity involved.

You Must Act Quickly to Obtain Compensation

When a government agency is at fault for your injury, you only have a short period of time after the accident to file your claim.

If a municipal government is at fault, the amount of time that you have to file a claim can vary from city to city. Austin, in particular, only allows forty-five days, making it imperative to act immediately after the accident.

By contrast, if you need to file an injury claim against the Texas state government, you have 180 days to begin the process.

No matter which government agency was at fault, you'll have a much shorter timeframe to work with than you would for a normal personal injury claim.

The Government Can Limit Your Compensation

In addition to short time limits, the total amount of compensation you can recover from a government agency also has a hard cap on it, making it important to work with an attorney who can maximize the amount you receive:

  • State or Municipal Government – $250,000 per injured person and $500,000 per accident
  • Emergency Services Organization – $100,000 per injured person and $300,000 per accident

We Can Help No Matter Who’s at Fault

At Colley & Colley, LLP protecting your rights is what we do. We are committed to recovering full compensation for your injuries—even if a government agency is responsible.

To schedule a free consultation, contact us online through the form below or call our office at 1-877-411-2001.