When you have a personal injury claim against the government, there is no guarantee that it will be paid. You must prove the government is responsible and that you actually suffered damages. If your claim was denied, you have several options available to you.
Negotiate With the Government
After your claim is denied, you will receive a letter stating exactly why your claim was denied. Once you and your personal injury attorney have assessed the reason for the denial, you can attempt to get the government to negotiate.
If you have a strong case, negotiation is a good possibility. Just like other defendants in personal injury cases, the government is interested in resolving the issue without having to involve the court.
However, if your case is deemed to be shaky by the government, your chances of settling are low. If that is the case or you fail to reach any agreement, you can file a lawsuit.
Sue the Government
In order for you to sue the government, you must complete a complaint. The complaint should name the government agency and employees responsible for your injuries. For instance, if you were injured in a slip and fall in a government building, you can list the agency responsible for maintaining the floors as the defendant.
You will have to pay a filing fee when you submit your complaint to the court. Once the complaint is filed, you and your attorney will go through the usual steps in a personal injury case.
Discovery is just one part of it. During discovery, both sides will have the chance to review the evidence offered in the case and interview witnesses. Depending on the complexity of the case, this period could last a long time.
Once discovery is over, your case will be heard in the court. Your attorney will prepare you in case you are called on to testify.
Drop the Claim
The final option you have is to just drop the claim. If you drop the claim and the time limit to take legal action expires, you will not be eligible to receive any compensation for your injuries.
Dropping the claim can be the best option if your injuries were not serious or your case is shaky. Remember, you will be responsible for paying the fees if your case is not won in court.
The best way to determine what is right for your claim against the government is to talk over the details of your case with your attorney. If you have not secured representation yet, schedule a consultation (with a professionals such as Joseph L Attorney Lucchesi).