Public entity claims involve legal actions taken against government bodies or their employees when they cause injury, property damage, or violate individual rights. While individuals and private businesses can be sued under civil law, suing a government entity is often more complex. This complexity stems from specific laws and protections, such as sovereign immunity, that shield government bodies from legal actions unless certain conditions are met. In this article, we'll explore public entity claims, including the types of claims, legal procedures, and important factors to consider.

What Are Public Entity Claims?

Public entity claims refer to lawsuits or legal actions brought against government agencies or employees for negligence, rights violations, or harm caused to individuals. These claims can be filed against:

• Local, state, or federal agencies: This includes departments like public works, transportation, or health.
• Public schools: Injuries sustained by students or staff due to the negligence of school employees may result in a public entity claim.
• Police departments: Police misconduct or excessive force incidents may lead to legal action.
• Public hospitals: Medical malpractice by doctors or staff at a government-run hospital could be grounds for a claim.

Types of Public Entity Claims

There are several types of public entity claims, each with its own procedures and legal considerations:

Personal Injury Claims: These involve injuries caused by government employees or poor maintenance of public property. For instance, if a person slips and falls on a poorly maintained sidewalk owned by the city, they may be entitled to file a public entity claim.

Civil Rights Violations: Under federal law, individuals can file claims against public entities for violations of civil rights. Common examples include claims of racial discrimination, wrongful arrest, or police brutality under Section 1983 of the Civil Rights Act.

Property Damage: If government action or negligence leads to property damage, individuals or businesses may file claims to seek compensation. This could include damage to homes or businesses due to improper public works projects.

Medical Malpractice: Public hospitals, like private hospitals, can face claims for negligence. However, these claims are often more difficult to pursue due to stricter procedural requirements.

Legal Protections for Government Entities

Government entities are typically protected by sovereign immunity, a legal doctrine that limits the liability of public bodies. However, exceptions to sovereign immunity exist, and most government agencies have established claims processes allowing individuals to seek compensation.

Common Legal Protections

• Sovereign Immunity: This legal principle shields government entities from lawsuits unless they have consented to be sued. In some cases, laws have been enacted that waive this immunity under specific circumstances, allowing individuals to pursue claims.
• Qualified Immunity: For government employees, especially police officers, qualified immunity protects them from being personally liable for actions performed within the scope of their duties, as long as their actions did not violate "clearly established" legal or constitutional rights.

These protections often lead to public entity claims being more difficult to navigate compared to claims against private individuals or businesses. However, legal systems at the federal, state, and local levels have processes in place to address these claims when warranted.

Steps for Filing a Public Entity Claim

The process for filing a public entity claim involves multiple steps, which vary depending on the jurisdiction and the government entity in question. Below are the general steps for filing such claims:

1. Notice of Claim: Before suing a government entity, claimants are usually required to file a "notice of claim" within a specific time frame, which can range from 30 to 90 days, depending on the jurisdiction. This notice serves to inform the government of the claimant's intent to pursue legal action and provides details of the claim.
2. Investigation by the Government: Once the notice is filed, the government may investigate the claim and may offer a settlement to avoid litigation.
3. Filing the Lawsuit: If no settlement is reached or the government rejects the claim, the claimant may proceed to file a lawsuit. However, strict time limits, known as statutes of limitations, apply, and these vary depending on the type of claim and jurisdiction.
4. Proving Negligence or Misconduct: In court, the burden of proof falls on the plaintiff (the individual filing the claim). They must show that the government entity was negligent or violated their rights and that this led to injury or damages.

Challenges of Public Entity Claims

Public entity claims can be challenging to pursue for several reasons:

• Strict Deadlines: Failing to meet the notice-of-claim deadline can result in the dismissal of the case, regardless of its merit.
• Higher Burden of Proof: Plaintiffs often face a higher burden of proof, especially in cases involving police or medical malpractice claims where qualified immunity may apply.
• Limited Compensation: Some jurisdictions place caps on the amount of damages that can be awarded in claims against public entities, which can limit compensation for plaintiffs.
• Complex Legal Requirements: Unlike typical personal injury claims, public entity claims often involve more complex legal requirements, such as filing in specific courts or following particular procedural rules.

Public Entity Claims by the Numbers

Statistics on public entity claims can offer a clearer picture of how these cases unfold:

• According to the Bureau of Justice Statistics, in a 2018 report, approximately 22,000 civil rights cases were filed against state and local law enforcement agencies, with many involving claims of excessive force or unlawful arrest.
• Public entity settlements can vary widely in size. For instance, the New York City Comptroller's Office reported that the city paid over $900 million in legal settlements in 2021, with a significant portion of those related to public entity claims.

Key Takeaways

• Timeliness is essential: Filing a public entity claim requires strict adherence to deadlines and procedures.
• Understand sovereign immunity: While public entities are protected, many laws provide exceptions that allow individuals to seek compensation.
• Seek legal counsel: Due to the complexity and unique challenges of public entity claims, working with an experienced attorney is often necessary to navigate the process successfully.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating public entity claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.