Lafayette Government Tort Claims Attorneys | Lafayette Lawyers that Lafayette
Lafayette Federal Tort Claims Act Attorneys and Lafayette Louisiana Governmental Claims Act Attorneys
Louisiana Governmental Claims Act Lawyers - Government Liability Lawyers Serving Lafayette Residents Injured by the State or Municipal Government
An old Latin adage advises "Rex non potest peccare," or, in English, "The King can do no wrong." This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Modern society has changed laws to better reflect a democratic society, and now states can be sued under some circumstances.
The laws dictating what the Lafayette government can be sued for and how are extremely complicated The basic premise of the Louisiana laws are that no part of the government and no one working for the government can be sued for anything done within the discretion of their job. This eliminates many possible types of lawsuits, but leaves room for possibilities when Governments or Government officials fail to enforce your rights.
Louisiana has an extensive statute concerning the procedure and rules for suing the state or cities and counties within it. The statute can be found on our Louisiana Governmental Claims Act Page. In order to be found liable, a governmental agency normally must have had some kind of notice of the problem which caused your injury before you were hurt. A Louisiana Governmental Liability Attorney will help you understand how the law fits the facts of your case.
Only a qualified Lafayette governmental Liability lawyer can tell you how these laws fit your situation. Lafayette Governmental liability laws often come with complicated requirements for quickly giving the government notice of the suit. You should contact a Lafayette Governmental Liability lawyer as soon as possible if anything done by any government or person working for the government has caused you injury.
The most common type of claim against the City of Lafayette is a slip and fall claim. This type of claim occurs when you are injured on a property owned by the city of Lafayette such as:
Lafayette Consolidated Government
705 West University Avenue
Lafayette, Louisiana 70506
Federal Tort Claims Act Lawyer - Serving Louisiana Residents Injured by the Federal Government
Just like Louisiana, the Federal Government traditionally enjoyed sovereign immunity, and therefore those injured by actions of the federal government could not sue to recover damages. However, the federal government was the largest employer in the United States and many injured employees of the federal government needed compensation for their injuries. In addition, many people not employed by the federal government were also being injured by it and they too needed compensation. For example, if a federal government employee was negligently driving a car and injured a Lafayette resident, that person would likely need to seek damages from the federal government to compensate them for their injuries. This is just one example of a myriad of ways in which the issue of federal government liability arose over the years. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA differs from the Louisiana Government tort claims act, but works the same way no matter what state you sue in.
- Prior to filing suit under the FTCA, a claimant must present his claim to the federal agency out of whose activities the claim arises. 28 U.S.C. Sec. 2675;
- This must be done within two years after the claim accrues. 28 U.S.C. Sec. 2401.14;
- If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C. Sections 2401, 2675;
- No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim;
- Suits under the FTCA are tried without a jury. 28 U.S.C. Section 2402;
- An agency may not settle a claim for more than $25,000 without the prior written approval of the Attorney General or his designee;
- United States attorneys are authorized to settle claims in amounts up to $1 million; and
- A court may not order the United States to pay a claimant's attorneys' fees unless the court finds the United States to have acted in bad faith. 28 U.S.C. Sec. 2412(b).
The FTCA applies to many government employees that are injured. For example, postal workers in Lafayette are often injured and seek the help and advice of Lafayette Postal Service injury lawyers. A variety of other government employees and private residents of the Lafayette Parish and Lafayette areas may also be injured by actions of either the federal, state, or municipal government. If you, or a loved one, has suffered an injury due to the negligence of the government, or while on the job as a government employee, call one of the Lafayette governmental liability lawyers on this page for a consultation.
To read the statutes in the Federal Tort Claims Act, click here.
The following Lafayette, LA area courts are Louisiana state property. This means that injuries suffered at these courts fall under the Louisiana Governmental Claims Act:
Lafayette 15th Judicial District Court
Lafayette Parish Courthouse
800 South Buchanan Street
PO Box 2009
Lafayette LA 70501
Lafayette City Court
105 East Convent Street
PO Drawer 3344
Lafayette LA 70502
Some situations that often lead to Louisiana Governmental Liability include:
|Slip and fall cases||Broken elevators and escalators||Fire Damage||Wrongful Eviction|
|Contractual Disputes||Wrongful Acts||Errors and Omissions||Malicious Prosecution|
|Professional Liability||Garage Liability||Foster Parent Liability||Wrongful Entry|
ThebvvGovernmental Liability for Civil Rights Violations - Including 42 USC Section 1983
Louisiana's State Government, as well as Lafayette Parish and City governments can be held liable under certain circumstances for civil rights violations. Some types of violations include:
|Illegal Imprisonment||Illegal Detention||Retaliation for reporting discrimination|
Contact a Lafayette Governmental Liability Attorney today to get the money you deserve.
Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish.