Sovereign Immunity and Personal Injury Claims in Connecticut

What is Sovereign Immunity? If you have been injured through no fault of your own, you generally have the right to seek compensation for your costs and losses. This compensation is typically paid by the individual or entity responsible for your injury, or by their insurance carrier. However, if your injury was caused by the government or an employee acting on behalf of the government, the legal landscape becomes significantly more complicated due to a legal principle known as sovereign immunity.

Understanding Sovereign Immunity

Sovereign immunity is a legal doctrine with roots that trace back to the Middle Ages, when monarchs were deemed immune from lawsuits because they embodied the law itself. In contemporary America, this principle has evolved to mean that the government cannot be sued unless it consents to the lawsuit. Essentially, the government has the authority to determine whether or not it will allow a lawsuit to proceed against it, which introduces a host of specific rules regarding the types of cases that can be brought against government entities.

While it may seem archaic, sovereign immunity serves a critical function in maintaining the government’s ability to operate without the fear of constant litigation. This protection is designed to ensure that government officials can perform their duties without the threat of being sued for every decision they make. However, this same protection complicates legitimate claims that arise from negligence or wrongful actions on the part of government employees or entities.

How Sovereign Immunity Affects Your Personal Injury Claim

Your personal injury claim may be significantly impacted by sovereign immunity if the party responsible for your injury is a government agency or an employee acting within the scope of their official duties. For instance, if you are involved in a car accident with a state-owned vehicle, sovereign immunity could come into play. Conversely, if a government employee causes an accident while off-duty and driving their personal vehicle, the claim would follow the usual legal procedures.

Key Implications of Sovereign Immunity

There are two primary implications of sovereign immunity that you should be aware of:

• Tighter Deadlines: In Connecticut, the general statute of limitations for personal injury claims is two years. However, if your claim involves a government entity, the window for filing a claim can be significantly shorter, sometimes as little as six months.
• Administrative Claims: In certain situations, you may be required to file an administrative claim before pursuing a lawsuit. This process allows the government an opportunity to resolve your claim without going to court. While many claims may not be settled at this stage, it is a necessary step that must be completed.

Common Types of Cases Involving Sovereign Immunity

Sovereign immunity can affect a wide range of personal injury claims, including:

• Car and truck accidents involving government vehicles, such as police cars or municipal trucks.
• Slip and fall accidents that occur on government-owned properties, including parks, libraries, or municipal buildings.
• Injuries caused by a government employee acting within the scope of their employment when the incident occurred.

Get Professional Legal Help

Navigating a personal injury claim against a government entity can be daunting. It is crucial to consult with a knowledgeable personal injury attorney who understands the complexities of sovereign immunity and can guide you through the legal process. At Etemi Law, we are committed to helping you pursue the compensation you deserve for your injuries.

If you or a loved one has been injured in an accident involving a government entity or employee, don’t hesitate to reach out to us. Our experienced legal team will provide you with a free consultation to discuss your case. Contact us today at (203) 409-8424 to schedule your appointment and learn how we can assist you in navigating the intricacies of your claim.

Your recovery is our priority, and we are here to help you every step of the way.