October 27, 2018

Filing a personal injury claim against another is one thing,but what about when the at-fault party is a government agency or a government employee? When it comes to suing the Alabama government for an injury,it is good to keep a few things in mind,as well as get a good - on your side.

Filing a Claim Against the Government in Alabama

When filing a claim against the government,most states employ the “Sovereign Immunity” law. Under this law,the state cannot be made a defendant in any court of law. Under this assumption,as the government makes the laws,they cannot be held accountable under them. States today adapt that law to include a number of exceptions. Alabama,however,stayed true to the antiquated law and list very few exceptions under which the state can be filed against. These very few exceptions to the Sovereign Immunity law make it more of a challenge to win a lawsuit against the Alabama state government.

Injury Claims and the State of Alabama

In terms of injury claims,there is a distinction between the government and individual government employees. The first claim in a “State Claim,” and nearly all of these are dismissed under the laws of “State Immunity.”

The second claim is a “State-Agent Claim,” under which a claim can be filed against a government employee whose negligence caused harm due to actions contrary to established laws. Under this law,the court holds that if an injured person seeks compensation from a government employee,the question of whether or not a ‘reasonable official’ would have believed the state agent’s actions were legal or not.

Negligence is the legal term for blame,and when it comes to personal injury claims,negligence is the most important element to prove. When it comes to suing the Alabama government for an injury,seeking the help of a- is essential as a clear distinction between “Sovereign Immunity” and a “Stage-Agent” claim must be drawn.


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