Partner at AKD Lawyers
Practice Areas: Personal Injury
Filing an injury claim is rarely simple, and things become even more complex when a public agency or employee is involved. Many people wonder whether Louisiana law allows them to take legal action against government entities for negligence. The answer is yes, but the process has strict rules, short deadlines, and special requirements.
This guide explains how sovereign immunity works in Louisiana, when claims are allowed, and what to expect if your situation involves a state, parish, municipal, or federal agency.
Understanding Sovereign Immunity in Louisiana
Sovereign immunity is the long-standing legal principle that protects governments from being sued unless they choose to allow it. Originally, it meant individuals had no right to bring claims against the government, even for clear negligence.
Over time, states and the federal government began passing laws that created exceptions. In Louisiana, sovereign immunity is more limited than in many states. Louisiana allows lawsuits against public entities in many circumstances, but important rules still apply.
Claims often involve issues such as injuries on public property, government vehicle collisions, or harm caused by public employees while performing their duties.
Louisiana also follows doctrines that can restrict certain claims, including the discretionary function exception, which may shield decisions based on judgment or policy rather than operational errors.
Louisiana’s Constitutional and Statutory Framework
Louisiana stands out because it removed broad immunity for injury and contract claims through its state constitution.
Article XII, Section 10 of the Louisiana Constitution states that neither the state nor its political subdivisions are immune from suit for injury to person or property.
This waiver allows individuals to bring personal injury lawsuits against state agencies, city governments, and parish governments. However, the right to sue does not eliminate the safeguards the government still has.
Certain restrictions remain, such as legislatively imposed caps on damages and procedural rules under the Louisiana Governmental Claims Act.
This act outlines where to file, what steps must be completed before filing, and how compensation is treated. The law also recognizes immunity in specific areas.
For instance, prosecutors performing official decisions often remain protected, and discretionary functions cannot be challenged when they involve policy choices.
Common Situations Where Claims May Involve Government Entities
People interact with public entities more often than they realize. Many everyday situations can lead to a claim involving a government agency.
Examples include:
- Injuries caused by unsafe public walkways, buildings, or parks.
- Collisions involving government-operated vehicles such as police cars, sanitation trucks, or maintenance vehicles.
These situations require understanding how public entity liability works. Unlike a private business or individual, the steps for proving negligence and filing a claim can vary depending on whether the responsible party is a state agency, federal agency, parish office, or municipal department.
Claims involving public property conditions, infrastructure, or employee conduct must meet Louisiana’s legal standards for negligence, and each entity may set its own procedural requirements. Understanding these differences helps avoid missed deadlines or incomplete filings.
Filing a Claim Against a Government Agency in Louisiana
The process for filing claims against government entities is more structured than standard personal injury claims. The most important rule is timing. Louisiana has a one-year prescriptive period for injury claims. Missing this window usually ends the case completely.
Many agencies require a written notice of claim before a lawsuit can begin. This notice often includes the date of the incident, a description of what occurred, the injuries involved, and the name of the public entity. Some departments have very specific forms or formats for this requirement.
Because claims vary across state agencies, parish governments, and city departments, procedures may differ. Some require administrative review before filing in court, while others direct plaintiffs straight to state district court.
Cases involving federal agencies follow a separate process entirely. Understanding which rules apply is essential for completing each step correctly.
Most personal injury claims against the government in Louisiana must be filed within one year, and some agencies require a written notice before litigation can begin.
Federal Tort Claims Act When Federal Employees Are Involved
When a federal employee acting within official duties causes injury, the Federal Tort Claims Act applies. The FTCA allows individuals to seek compensation from the United States government in limited circumstances.
The first step is filing an administrative claim, usually with Standard Form 95, within two years. The government then has six months to respond. Only after that period can a lawsuit be filed in federal court. The process is strict, and missing a required step can bar the claim completely.
The FTCA does not cover every situation. It excludes discretionary functions, combat-related activities, and many intentional torts unless committed by certain law enforcement officers.
Claims under the Federal Tort Claims Act must be filed administratively within two years before a lawsuit can be pursued.
Key Differences Between Private Lawsuits and Government Claims
Government-related claims follow a different set of legal procedures. The chart below outlines common differences.
|
Category |
Private Lawsuit |
Government Lawsuit |
| Right to Sue | Automatically allowed | Only when immunity is waived |
| Deadline | One year | One year, plus possible notice rules |
| Pre-Filing Steps | None | Often requires formal notice of claim |
| Damages | No statutory cap | May have limits set by law |
| Defendant | Person or business | State, city, parish, or federal agency |
If you need clarity on how these laws apply to your situation, speaking with a New Orleans personal injury lawyer can help you understand your options and the steps involved in pursuing a claim.
FAQs
What types of government injury claims are allowed in Louisiana?
Claims may involve unsafe public property, government vehicle accidents, or negligence by public employees, as long as the claim fits within Louisiana’s statutory waiver of immunity.
Do I need to follow special procedures before suing a government agency?
Yes. Many agencies require a written notice or administrative claim before filing a lawsuit, and failing to follow these procedures can prevent the case from moving forward.
How does Louisiana’s one-year deadline apply to government claims?
Most claims must be filed within one year, but some government bodies require earlier notice, making the effective deadline shorter than traditional personal injury cases.
What is the main difference between Louisiana claims and federal FTCA claims?
Louisiana claims follow state procedures, while FTCA claims require filing an administrative form with the federal agency first, followed by specific federal court rules if denied.
Conclusion
Louisiana allows individuals to bring injury claims against government entities, but the process differs from traditional personal injury cases. Strict deadlines, notice requirements, and statutory rules make these claims more structured.
Understanding whether your situation involves a state, parish, municipal, or federal agency is an important first step.
If you believe government negligence contributed to your injury, guidance can help you understand your options. To learn more about your rights or the process, you can request a free consultation with Alvendia, Kelly & Demarest Law Firm.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
