When you or someone you love is injured because of someone’s negligence, it is often challenging to determine what you must do to recover financially from the losses you are going to suffer. When the responsible person is a government entity, the procedures are very different and the time constraints are much more rigid than a typical personal injury case.
What Entities Are Considered Governmental?
Typically, any facility that is run by state officials will qualify as a governmental agency. These may include (but may not be limited to):
- Commissions, boards or state agencies
- County, city or municipal corporations or entities
- Health and school districts
- Departments or offices including those that are state or local
- Schools, hospitals or nursing homes established by the state
When someone is injured on a government owned property or as a result of negligence of a government worker in Idaho they must file a claim not later than 90 days after the injury or they may be barred from ever filing a claim.
What is the Process for Filing a Claim?
There are no specific forms that are necessary although some government entities may provide an optional form. There are some basic requirements that must be included in the claim which are:
- Where and when – location, day, date and time of the incident that resulted in an injury or damage
- What – a thorough description of the injury or damage sustained
- How – what were the circumstances of the injury; what were you doing and what led up to the incident, etc.
- Who – names and addresses of any person or persons injured or involved in the incident that are identifiable to victim or victims
- Residence information – all victims must prove their residence at the time of filing a claim as well as for a period of six months prior to the claim being filed
- Amount – person must indicate the dollar amount they are seeking in damages
Government entities have 90 days to respond and they may elect to offer a settlement or they may deny the claim outright. Regardless of their response, you should be working with an attorney who understands your rights as well as your responsibilities and will hold a government worker accountable for an injury.
If you have been injured by an act of a local, state or federal worker, your time to act is VERY limited. Contact Clinton E. Miner immediately for a free consultation concerning your rights and obligations.