How Does Texas Law Handle Personal Injury Claims Against Government Entities?

Texans are known for their independent spirit and willingness to stand up to authority—a proud characteristic rooted in the state’s history. However, pursuing a claim against the government is no small feat. In Texas, filing a personal injury claim against a government entity can be challenging, and it differs significantly from typical personal injury claims. One primary obstacle is the principle of sovereign immunity, which traditionally protects government entities from lawsuits.

Although Texas law has created exceptions allowing limited claims against government entities, strict procedures and specific limitations apply. If you’ve been injured due to the actions of a government employee or on government-owned property, understanding Texas’ legal framework is essential for determining whether you have a valid claim.

Sovereign Immunity Under Texas Law

Sovereign immunity is a legal doctrine rooted in British common law that initially established the government’s protection from being sued without consent. This concept assumes that the government, as a sovereign power, cannot be held liable for damages like private individuals or entities. In Texas, sovereign immunity generally prevents lawsuits against government bodies and employees when performing official duties.

Sovereign immunity applies to various government agencies, from state-level departments to local municipalities. However, Texas law does allow for specific circumstances in which sovereign immunity is waived—that is, the government consents to be sued—allowing injured individuals to pursue compensation for personal injuries. Knowing the boundaries and conditions of these waivers is crucial, as they outline the limited scenarios where a personal injury claim may proceed.

Texas Tort Claims Act and Exceptions to Sovereign Immunity

The Texas Tort Claims Act (Texas Civil Practice & Remedies Code § 101.021) is the principal law outlining exceptions to sovereign immunity in Texas. Passed in 1969, this Act permits certain personal injury claims against government entities under specific conditions, providing a pathway for individuals to seek compensation when injured due to a government entity’s negligence.

Exceptions to Sovereign Immunity Under the Act

The Texas Tort Claims Act includes exceptions for certain types of negligence by government entities, allowing claims in cases where:

• Injuries resulting from the operation or use of a motor vehicle or motor-driven equipment: If a government employee, such as a city bus driver, causes an accident while performing their duties, an injured party can potentially sue the governmental entity.
• Injuries are due to unsafe conditions on government-owned property: Government entities may be liable if they fail to repair dangerous conditions on property they own, such as a hazardous condition in a government office building or public park, provided they had prior notice of the danger.

These limited waivers of immunity enable injured parties to pursue claims in specific situations, but pursuing these claims requires close adherence to procedures and limits set out by the Act.

Types of Governmental Entities Covered Under the Act

The Texas Tort Claims Act applies to many, but not all, governmental entities. It distinguishes between state and local government entities, such as departments like the Texas Department of Transportation and city or county governments.

Generally, state agencies, local municipalities, and their employees acting within the scope of their duties are covered under the Act’s provisions.

Entities Exempt from the Act

The Texas Tort Claims Act does not cover certain entities, including independent school districts (ISDs). Sovereign immunity for ISDs is handled under a different legal framework, which often limits or bars personal injury claims. Other entities or quasi-governmental organizations may also fall outside the Texas Tort Claims Act, so consult an attorney to confirm whether your claim falls within the Act’s protections or requires different legal considerations.

Filing a Personal Injury Claim Against a Government Entity

One of the critical challenges of filing a personal injury claim against a government entity is adhering to strict notice requirements and statutes of limitations. Failing to meet these requirements can lead to claim denial, even if your injury would otherwise be eligible for compensation.

Notice Requirements

Under Texas Civil Practice & Remedies Code § 101.101, anyone filing a claim against a government entity must provide notice of their injury within a short time frame, often as little as six months from the incident date. Some cities and counties have even shorter notice periods, sometimes requiring notice within 90 days.

To file a valid notice, the injured party must include:

• The damage or injury claimed,
• The time and place of the incident and
• The incident.

This notice allows the government entity to investigate the incident before a lawsuit is formally filed, and failure to submit it within the required time frame can lead to dismissal of the claim.

Statute of Limitations

Texas law also imposes a statute of limitations for personal injury claims against government entities, typically two years from the date of the incident. However, the notice requirements discussed above are crucial; missing the deadline to provide notice can bar you from filing a lawsuit even if the two-year statute of limitations has not expired. Working with an attorney familiar with government claims can be crucial in meeting these deadlines accurately.

Challenges and Limitations in Recovering Damages

Even if you successfully navigate the requirements to file a claim against a government entity, Texas law imposes statutory caps on damages for these claims. According to Texas Civil Practice & Remedies Code § 101.023, there are specific limits on the amount an injured person can recover:

• For claims against city and state governments: Damages are capped at $250,000 per individual and $500,000 per incident.
• For claims against other levels of government agencies: The cap is $100,000 per person and $300,000 per incident.

Additionally, Texas law restricts the types of damages recoverable in these cases. Unlike private personal injury cases, punitive damages—which aim to punish wrongdoing—are generally unavailable in claims against government entities.

Compensation is limited to actual damages, such as medical expenses, lost wages, and other measurable costs resulting from the injury. These limitations often make it essential to work with legal counsel to understand the realistic compensation you may pursue.

Schedule a Consultation at The Kahn Law Firm, P.C.

Filing a personal injury claim against a government entity in Texas involves navigating complex laws and strict procedural requirements, primarily due to the protections provided by sovereign immunity. The Texas Tort Claims Act provides limited waivers of immunity, allowing injured parties to file claims under specific conditions, such as accidents caused by government-operated vehicles or unsafe government premises. However, these claims are subject to strict filing requirements, statutory caps on damages, and limitations on the types of compensation available.

Careful preparation and understanding of the legal processes are crucial for pursuing such claims. If you or a loved one has been injured due to the actions of a government employee or on government-owned property, contacting an attorney with expertise in this area can provide valuable guidance. At The Kahn Law Firm, P.C., we help you understand your rights and guide you through the steps needed to seek compensation.

Call us today at 713-999-6549 for a free consultation to learn more.