Partner at AKD Lawyers
Practice Areas: Personal Injury
Filing a personal injury claim is challenging on its own, but when a government agency or employee is responsible for the harm, the situation becomes even more complicated. Whether it’s a broken sidewalk that the city failed to repair or a collision involving a government vehicle, these incidents raise an important question: Can you sue the government for negligence?
In Louisiana, the short answer is yes—but the process is far from straightforward. Sovereign immunity laws limit when and how you can take legal action against a public entity.
Understanding the legal exceptions, procedures, and deadlines is crucial if you’ve been injured due to government negligence. This guide breaks down what you need to know before filing a personal injury claim against the government—keep reading to learn how the law may apply to your case.
What Is Sovereign Immunity in Personal Injury Cases?
Sovereign immunity is a legal rule that protects government agencies from being sued without their permission. It exists at the federal, state, and local levels. Historically, it meant that governments couldn’t be held accountable in court, even when their actions caused injury.
Sovereign immunity is a legal doctrine that protects governments from lawsuits unless they consent to be sued.
Over time, both federal and state laws have created exceptions to this protection. These exceptions allow individuals to sue the government—but only if specific rules are followed. In personal injury law, sovereign immunity often affects cases involving injuries on public property, car accidents with government vehicles, or harm caused by public employees.
Exceptions to Sovereign Immunity in Louisiana
Louisiana is one of the few states that has removed blanket government immunity for tort and contract claims. This is outlined in Article XII, Section 10 of the Louisiana Constitution.
Neither the state, a state agency, nor a political subdivision shall be immune from suit and liability in contract or for injury to person or property.
This means that residents can bring personal injury lawsuits against the state and its agencies. However, there are limits. Lawmakers can cap the amount of money you can receive in damages, and the state must allocate funds specifically for paying legal claims.
Additional restrictions may still apply under laws like the Louisiana Governmental Claims Act, which sets out the rules for filing claims against the government, including where to file and how much you can seek in damages.
Louisiana also recognizes some immunity for specific government functions. For example, prosecutors may be immune from lawsuits for their official decisions, even if those actions later cause harm.
Filing a Personal Injury Claim Against a Government Agency in Louisiana
If you plan to sue a government agency in Louisiana, the process is different from filing a typical personal injury case. You’ll need to follow specific legal steps:
First, many government bodies require that you submit a written notice of your claim before filing a lawsuit. This notice usually includes:
- A description of the incident
- Details about your injuries
- The government agency involved
- A timeline of what happened
In Louisiana, you typically have one year from the date of the injury to file your claim. If you miss this deadline, the court may dismiss your case.
Different types of claims may have unique requirements. For example, a claim against the City of New Orleans may be handled differently than a claim involving a state agency or a parish government.
Filing in the correct court is also essential. Some cases must be brought in state district courts, while others may go to federal court if they involve federal agencies, and skilled New Orleans personal injury attorneys can help determine the right venue for your claim.
What the Federal Tort Claims Act (FTCA) Covers—and What It Doesn’t
The Federal Tort Claims Act (FTCA) allows individuals to sue the U.S. government for personal injuries caused by federal workers performing their official duties. Common claims include car accidents with government vehicles, medical negligence in VA hospitals, and unsafe federal property.
To file, you must submit Standard Form 95 to the appropriate agency within two years. If the agency denies or ignores the claim for six months, you can file a lawsuit in federal court. Some claims—like those involving military actions or discretionary decisions—are excluded. Intentional torts are generally not covered unless committed by certain federal law enforcement officers.
Private vs. Government Lawsuits: What’s Different?
| Aspect | Private Party Lawsuit | Government Entity Lawsuit |
| Permission to Sue | Automatically allowed | Only allowed by statute or waiver |
| Filing Deadline (Louisiana) | 1 year | 1 year, often shorter with pre-claim steps |
| Damages Cap | No statutory cap | Yes, capped by state law |
| Pre-Lawsuit Claim Requirement | No | Often mandatory (e.g., FTCA, state claims) |
| Who You Sue | Individual or business | Government department or agency |
| Court Type | Civil court | Specialized venue (e.g., District or Federal Court) |
FAQs
Can I sue the government if I was injured on public property in Louisiana?
Yes, but only if your claim meets the requirements set by the Louisiana Governmental Claims Act. You must file within one year and follow notice procedures.
What is the Federal Tort Claims Act, and how does it work?
You can bring a negligence lawsuit against the federal government under the FTCA. by federal employees. Before filing in court, you must submit an administrative claim to the agency.
Are there deadlines for suing a government agency in Louisiana?
Yes. Most cases have a strict one-year time limit. For federal claims under the FTCA, you have two years to file the administrative claim.
Can I sue for negligence by a government worker?
In some cases, if the worker was acting in their official role and your claim fits within an exception to sovereign immunity, you may be able to sue.
Can I sue a city or parish government in Louisiana?
Yes. The Louisiana Constitution allows lawsuits against local governments. You still need to follow specific legal steps and may face limits on the damages you can collect.
Conclusion
Suing the government for personal injury is possible—but it’s not as simple as filing a standard lawsuit. Between sovereign immunity and strict procedural rules, injured individuals must take extra steps to pursue justice. Whether you’re dealing with a city agency or a federal department, understanding your legal options is the first step.
If you’ve been harmed by government negligence, navigating these rules can be overwhelming.
Please make an appointment for a free consultation with Alvendia, Kelly & Demarest Law Firm right now to find out how they can support your future.
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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.
