
Sustaining an injury due to the negligent actions of another person can be incredibly frustrating, as it can flip your life upside down. However, when the negligent party responsible is a government entity, it can be even more frustrating. It’s important to understand that filing a personal injury lawsuit against a government agency is much different than filing against a private citizen. One thing you may not know is that you must first file a notice of claim. If you’re unsure what this is or how long you have to send it, you’ll want to keep reading. Additionally, you’ll learn how personal injury attorneys in Baltimore County can help you through this complex process.
What Is a Notice of Claim?
When you are injured on government property because of negligence, you can file a claim against the agency responsible for your injuries. However, you must first file a Notice of Claim. Essentially, this informs the government that you intend to file a lawsuit for the damages you endured during the incident.
A notice of claim is required as states have sovereign immunity. This means they cannot be sued without their consent. However, states have waived this immunity through the Federal Tort Claims Act, which granted individuals the right to sue the government for injuries and subsequent damages.
It’s important to note that most employees acting in official duty are covered under sovereign immunity, meaning the government is generally not responsible for their actions. However, if you can prove the employee was acting with gross negligence and intentional recklessness, this immunity can be waived.
What Is the Statute of Limitations for Filing One?
If you are injured because of the negligent actions of a government agency in Maryland, you only have one from the date of the injury to submit a notice of claim to the appropriate agency. Though this seems like a short period, it is greater than most states, which require you to file a notice within 6 months. In fact, Maryland only adopted this one-year rule within the past decade, as it previously had a 180-day statute of limitations. As such, if you do not file within one year, you will relinquish your right to recover compensation.
There are a few exemptions to this strict 180-day statute of limitation. For example, if you were incapacitated and unable to file a claim, you may do so within 30 days of becoming capable of doing so.
When filing the claim, you must include your personal information, the date and time the accident occurred, a detailed description of the incident, any medical treatment you’ve received, and additional information about the damages sustained.
As you can see, filing a claim can be confusing in Maryland. Luckily, the team at Markey Orsi is here to assist you through this process so you can fight for the compensation you deserve when you’ve sustained injuries due to the negligent actions of the government. Connect with our team today to learn how we can fight for you.