Texas Tort Claims Act

Suing the State, County, City, or Political Subdivision
In the event you are injured as a result of the negligence of someone working for the state or some political subdivision, you should seek legal counsel at once. There are rights which you may lose if you hesitate or delay. For further information, contact our law firm for a free initial consultation.

The King can do no wrong! For 800 years, throughout the history of the development of the Common Law in England, it was an article of faith that you could not sue the sovereign. That concept carried over into American law in the concept of "sovereign immunity." That simply meant that a citizen could not sue the government, regardless of what the government had done. Towards the middle of the twentieth century, it became apparent that given the intrusive nature of government in all of our lives, this blanket immunity from suit resulted in terrible injustices for citizens.

In the 1970's, Texas finally passed the Texas Tort Claims Act which for the first time, allowed its citizens to sue the state, a county, city, or political subdivision for injuries. In order to do so, however, the terms of the Act must be strictly adhered to. Regardless of the seriousness of the injury, there is a $250,000 cap per person on damages with a $500,000 cap for one accident. For counties, the figure is $100,000 per person and $300,000 per accident. Also, the political subdivision which you are suing is entitled to notice of your claim, in writing, within six months of the time you are injured. While there are certain "actual notice" exceptions, you should always put the proper authorities on notice, in writing as soon as reasonably possible, and in the event you are suing a city, the notice period may be even shorter.

There are certain restrictions on the kinds of claims that may be brought under the Texas Tort Claims Act. School districts are not liable for anything that does not involve a motorized vehicle. If your child is hurt or even killed by the negligence of school personnel which doesn't involve a vehicle, you have absolutely no claim or cause of action. The school does not even owe for medical bills, no matter how negligent they may have been.

If you are injured by a Federal employee, an entirely different set of laws applies to the Federal government and their Tort Claims Act. That Act requires the filing of a special form and mandates a waiting period which must be observed before suit can be filed. While there are no caps under the Federal Tort Claims Act, an injured person is not entitled to a jury trial and must present any claims to a Federal Judge. There are numerous pitfalls to the handling of a claim in the Federal system which must be avoided to be successful.

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