Can You Sue Your Local Government for Wrongful Death?

Suing state or city/county governments depends completely on the individual state’s laws and varies enormously.

Key questions that arise in such cases usually include:

• Can you sue the state at all? Some states totally reject wrongful death claims against state government bodies.
• Do special “Tort Claims Acts” or other laws specifically allow wrongful death lawsuits in this state? That determines if sovereign immunity applies to that government body.
• What negligence standards apply? Some states make it extra hard to prove carelessness by government compared to private companies.
• Are there damage amount limits or caps? Most states limit how much money you can recover from suing the government itself.
• Are there special procedural rules for suing the government, like short deadlines or required early claim notices? Procedural mistakes can doom state-level wrongful death cases too.

So suing state or community governments over wrongful death needs researching specific state laws with a local lawyer’s help – for example, if you live in Houston, you should find a wrongful death lawyer in Houston and then seek their help in figuring out the intricacies of the local laws.

Examples Where Government Wrongful Death Lawsuits Are Sometimes Allowed

Even with sovereign immunity making lawsuits hard, there are situations where you may be able to sue over a death caused by governmental negligence.

Some examples include:

Deadly Medical Malpractice at VA or Public Hospitals

If ignoring safety rules, incorrectly administering treatment, or another medical mistake by a VA, military, or other public doctor or nurse results in someone’s death, state laws frequently permit suing the government health provider for malpractice—just like with private doctors.

Fatal Collisions Involving Government Vehicles

As long as a government employee caused the crash while doing work duties, sovereign immunity may not block liability.

Dangerous Property Conditions on Public Land

Poor maintenance of sidewalks, unsecured construction zones, ignored safety risks in parks, inadequate fencing around waterfronts on public land, failure to trim hazardous trees near roads/trails, or similar negligent property management and upkeep choices can sometimes make the government liable if these conditions contribute to accidental fatalities on government-controlled land. Certain exceptions allow these unsafe premises lawsuits seeking accountability for preventable deaths.

Police Excessive Force Cases

Specific laws permit suing the local government over loved ones’ deaths resulting from clearly unreasonable police violence, deadly chokeholds, reckless high-speed chases, or other conscience-shocking force beyond what the situation justified. It’s still very hard to overcome special immunity protections for police, however.

As you can see, while suing cities and local governments is challenging, there are situations where state/federal laws deliberately create limited opportunities for legal responsibility when extreme negligence on public property or while carrying out government duties contributes to accidental deaths.

The Types of Damages That Can Be Sought

Money awards, called damages, aim to financially compensate victims’ families impacted by wrongful death incidents. They cannot undo the tragedy or truly make up for the death of a loved one. However, damages may ease things by covering:

• Loss of future income that would have financially supported the family
• Loss of employer health insurance, retirement benefits, college funds etc.
• Emotional devastation of losing a spouse, child, or parent
• Funeral and burial costs
• Past medical bills from accident injuries before the death
• Suffering experienced by the deceased if they endured pain before dying
• Costs of necessary psychiatric treatment or grief counseling
• Any decrease in value of the estate/inheritance passed to survivors

Additionally, some states allow extra damages aimed at punishing the government for extreme failures protecting public safety resulting in deadly harms. Lawyers often determine what types of damages apply based on case specifics, then provide evidence to courts supporting monetary estimates.

However, legal limits on quantities make it harder to gain full compensation from the government compared to private companies. Suing the state inherently involves more blocks to receiving full accountability.

Finding a Lawyer for Your Case

With all the complex rules around sovereign immunity against suing the government, evaluating potential cases requires guidance from accomplished attorneys who are closely familiar with laws in the specific jurisdiction. They can analyze the situation after horrible losses of life, then advise grieving families whether options exist allowing the goal of responsibility for preventable deaths.

Lawyers also:

• Pinpoint exactly how immunity is waived in the circumstances
• Outline procedures meeting strict requirement timelines/formats
• Gather powerful evidence showing unreasonable negligence
• Quantify all applicable damages under individual state statutes and court precedents
• Determine the probable settlement value or outlook if pursuing trial
• File official documents initiating valid wrongful death claims
• Compassionately guide clients through grueling litigation aiming to achieve some accountability for governmental failures protecting public health and safety

Therefore, finding a lawyer in the local area and then consulting them right after the death of your loved one is important. This is so, especially given the statutes of limitations that make prompt legal consultations imperative for governmental claims.

Lawyers help spare already distraught families from having to directly manage numerous complex legal burdens piling onto already unbearable grief. They carry clients through the intricacies of applying state liability laws against taxpayer-funded entities that are often less subject to accountability. And they offer the benefit of the experience of navigating the technically challenging litigation of holding governments accountable.

Conclusion: Key Takeaways

A few bottom-line takeaways about suing the government or government employees for wrongful deaths are:

• The normal rule is governments can’t be sued due to “sovereign immunity.” However, some state/federal laws create limited exceptions allowing claims after deaths resulting from governmental negligence.
• Overcoming sovereign immunity through laws like the FTCA is only Step 1 – you still must definitively prove extreme carelessness caused the accidental death in question. Thereafter, the issue of damages will be decided separately.
• Damages may offer financial assistance for grieving families, but can’t make up for losing beloved relatives. Certain limits on government liability also apply.
• Lawsuits against the government face strict, unforgiving deadlines for filing notice or claims after deaths. Talking to local lawyers immediately is important and often gives the families of victims the best chances of success when it comes to seeking accountability.
• Experienced attorneys in the specific jurisdiction know local laws on governmental liability inside and out. They are thus best placed to advise families on how to navigate the challenging legal process after a traumatic loss and how to seek accountability in case negligence or recklessness is what led to the deaths of their loved ones.

No amount of money could ever undo or make up for losing a close family member, especially when their death could have been preventable. However, financial damages may ease survivorship burdens for those left behind and who may be struggling with costs flowing from unexpected deaths.

But seeking justice when a preventable death is caused by a government or government employee is not easy. Successfully overcoming sovereign immunity while proving extreme government negligence makes the legal fight even more challenging compared to private wrongful death claims.

Still, experienced counsel may offer grieving families guidance when they are seeking whatever degree of responsibility that applicable state and federal statutes allow – given the bureaucratic barriers favoring protections of taxpayer resources. And so if you are looking to hold your local government accountable, you should consult an attorney right away after losing a loved one. Their guidance and expertise can make all the difference when it comes to maximizing your chances of receiving whatever justice the convoluted governmental claims process allows.