A Guide to Personal Injury Claims Against a Government Entity

When injured through no fault of your own, you’re usually entitled to financial restitution. But what if the at-fault party is a town, city, state, or other government entity? The idea of taking on such a large entity in court can be intimidating, especially with the seemingly limitless amount of resources at their disposal. However, this should not stop you from making a personal injury claim against a government entity, and you may not even have to go to court. In this guide, we’ll walk you through everything you’ll need to know to make your claim successful.

What Is the Federal Tort Claims Act for Personal Injury?

The Federal Tort Claims Act (FTCA) is federal legislation enacted in 1946. It provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the federal government. In general, the FTCA allows individuals to receive monetary compensation from the United States government for damages, as long as the damages were caused by circumstances under which the United States, if a private person, would be liable in accordance with the law of the place where the negligent or wrongful act or omission occurred.

What Is the Time Limit for Filing a Federal Tort Claim?

Under the FTCA, you only have two years to file a claim with the appropriate federal agency for injury or damage. Generally, this time limit begins immediately at the time of the incident, even if you are not yet fully aware of the extent of your injuries. Exceptions can be made if the injury or its cause are not immediately apparent. In these cases the 2 year time limit begins when you become aware of the injury or the cause. After your claim is filed, the federal agency in question will respond with their findings. This could be a monetary offer or they may claim that they are not at fault. Regardless, if you’re not happy with the agency’s findings, you then have six months to file a civil lawsuit.

Massachusetts Tort Claims Act (MTCA)

Extremely similar to the FTCA is the Massachusetts Tort Claims Act (MTCA). This aims to accomplish the same thing as the FTCA, but at the state instead of federal level, allowing individuals to sue the state and local government for compensation if a public employee’s negligence causes injury, property damage, or death. Common incidents that the MTCA would cover include:

• Accidents with government vehicles.
• Slip and falls on government property. 
• Injuries caused by hazards in government buildings.
• Medical malpractice at state-run facilities.
• Police brutality or negligence.
• Negligent acts by fire fighters while performing their duties.

Damages covered under the MTCA are capped at $100,000. If you believe your damages are worth more than this, you will have to file a civil lawsuit. 

DCR Personal Injury Claims in Massachusetts

The Department of Conservation and Recreation (DCR) is responsible for protecting, promoting, and enhancing the state’s natural, cultural, and recreational resources. If you are injured or sustain property damage on any of the 450,000 acres overseen by the DCR, you can file a claim with them directly. However, the injury or property damages must be due to the negligence of DCR or its employees. Additionally, property damage cannot be claimed if it was caused on any DCR-operated boulevard or roadway, only injuries.

Roadway Defect Claims

The roadways of Massachusetts are filled with hazards, almost everyone will get a flat tire from hitting a pothole at some point. Unfortunately, property damage, like a flat tire, caused by roadway defects can not be claimed. The state will only pay for personal injuries caused by roadway defects. Your notice must be written (not emailed) and show:

• A defect on a state highway caused your injury.
• Your name and address.
• The date, time, location, and cause of the injury (please be specific for the location, i.e. route/street, direction of travel, exit numbers, points of interest).
• Sent, in most cases, within 30 days of the incident.
• Signed by you or by someone on your behalf.

This written statement must be sent to the Claims Department in room 3740 at 10 Park Plaza, Boston, MA. Roadway defect claims are capped at $4000.00, so if you believe your injury deserves more than this, you will have to file a civil suit. 

Filing a Personal Injury Claim

The exact steps to filing a personal injury claim will vary depending on who is responsible for the incident. If your claim is against the Commonwealth of Massachusetts, you will usually have to present your claim to the Office of the Massachusetts Attorney General. This can be done with the presentment claim form they provide. If your claim is against a city, county, or town, it must be presented to the “executive officer” of the municipality. This could be the office of the mayor, city manager, town manager, corporation counsel, city solicitor, town counsel, city clerk, or town clerk. This process can be confusing, and you may not receive the compensation you think you deserve. For these reasons, it is wise to hire an experienced personal injury attorney to represent you in these matters.