When you are hit by a government vehicle in Massachusetts, you are facing the challenge of filing a claim against a governmental agency to recover compensation. Thankfully, recovering compensation from a city, county, state, or federal agency can be accomplished – but only when the process is performed correctly and within the time limits imposed by law.
In a collision between two private parties, the matter of compensation is typically resolved through an insurance claim, or lawsuit filed against the other party. When you have been hit by a government vehicle, the compensation for damages must be sought from the appropriate agency. Government agencies have added protections, called “sovereign immunity” or “government immunity,” that protect against lawsuits, but this immunity is not applicable if the government employee was at fault.
How to Recover Compensation from the Government if You Were Injured
The first thing to consider is that the time limit imposed on filing for compensation from the government is much tighter than a standard auto accident claim in Boston. Government agencies have significantly shorter statute of limitations than the typical three years in Massachusetts.
To recover compensation in an auto accident from a government entity, you need to follow these steps:
- Get immediate medical care: The priority in any accident is always medical care. Your life and the lives of your passengers are what matter most.
- Exchange information: Just like any car accident, the first step is to exchange information with the other driver. If possible, get the license plate number, contact information, and all other relevant information.
- File a police report: Police reports are crucial, as the police will make an initial finding of fault, which will be an important piece of supporting evidence for your claim. If you do not get a police report at the scene, you can request it on the Mass.gov site.
- Contact an attorney: It is critical that you have the support of an experienced personal injury lawyer to evaluate your case and determine the maximum compensation you can claim, identify the liable parties, and file all necessary paperwork within the time frame imposed by law.
- File a formal complaint with the agency: In Massachusetts, you must file a notice of intent if you are looking to obtain compensation from the government. File a complaint as soon as you are able, as government agencies may not be required to abide by the three-year statute of limitations law. The complaint usually includes a settlement amount to cover your damages, both economic and non-economic. Each city and jurisdiction will have its own documents and processes, so it is best to work with an attorney who is familiar with it.
- If denied, file a lawsuit: If your claim is denied, you will receive a letter informing you and giving you a time limit in which to file a lawsuit. The lawsuit must be filed within the time limits imposed by law, after which you lose the right to seek compensation.
What to Know About Accidents Involving Emergency Vehicles
One of the more common government-involved accidents is when an emergency vehicle, such as an ambulance, fire truck, or a police car on a high-speed chase, leads to a collision.
Ensure you always pull to the side of the road when you hear the sirens or see an emergency vehicle – although this is not always possible, particularly if an emergency vehicle is speeding through an intersection. However, emergency vehicles must follow Massachusetts law outlining the proper procedure for emergency transportation. If the driver of the government-owned emergency vehicle is negligent in following procedure, they could be held liable for accidents and injuries they cause.
Proving negligence and fault can be a daunting task, especially under the short timespan for the Massachusetts government tort statute of limitations. It is best to contact an experienced accident attorney to help guide you and support your claim.
Get an Accident Attorney on Your Side Today
Filing a lawsuit to recover damages from a government agency is challenging but not impossible when you have a knowledgeable and experienced auto accident lawyer supporting you. If you are the victim of the negligent driving conduct of a government worker, call DiBella Law Injury and Accident Lawyers, today for a free case consultation.
We will review your situation and advise you about the next steps to take. If we take your case, you can trust the trial lawyer team at DiBella Law Injury and Accident Lawyers, to aggressively pursue the maximum in damages on your behalf.