The Texas Tort Claims Act

How do I sue a government agency following a personal injury?

Bringing a personal injury claim against the city, county, or state government in Texas requires a bit of extra work, and you have a very small window of time to bring your case. To discuss your options, call our attorneys at (214) 651-6100.

If you've been hurt in a car accident involving a government-owned vehicle, slipped and fell while in a government office or state-owned building, or were otherwise injured due to the actions of a state government employee, our Dallas personal injury attorneys may be able to help you recover the compensation you're owed.

In the past, it was virtually impossible to sue the government if you were injured by a government employee, or injured while working for the state. Luckily, this changed with the establishment of the Texas Tort Claims Act of 1969.

Previously, when individuals tried to bring a lawsuit against the a government employee or entity, the state would claim "sovereign immunity." The Texas Tort Claims Act waives this immunity in some cases, although there are several conditions which must be met first:

1. The government employee must have been acting within the scope of his/her employment.
2. The at-fault party must not have been responding to an emergency call, reacting to an emergency situation, acting intentionally, or had been otherwise protected via an exception to the Act.
3. The claim must be filed within a very short window of time.

Act quickly or you will lose your right to seek compensation.

Most people don’t know that there is a very short time frame within which to file a personal injury claim against a government employee or entity. From the moment the injury occurs, plaintiffs have anywhere from 45-180 days (depending on the jurisdiction) to file a claim with the appropriate government unit before they are statutorily barred from bringing a lawsuit in regard to the event.

While the state of Texas gives a 180-day limit to file a claim, several local and municipal governments have enacted much shorter limits for filing notice of a claim. Dallas, for example, limits this time-frame to 90 days, while other cities (such as Austin) limit it to just 45 days.

Because of this, it is important that you discuss the facts of your case with an experienced Dallas personal injury lawyer in order to determine the options available to you. For a free consultation, please call Rasansky Law Firm at (214) 651-6100, or email us using the contact form found on this page.

There are caps on how much you can sue for.

The Texas Tort Claims Act also statutorily limits the maximum amount of damages (the amount of compensation you recover) in regard to personal injury claims against the government. If suing the state government or municipality, you are limited to no more than $250,000 per person, and $500,000 per occurrence. If suing a local government or emergency services organization, you are limited to no more than $100,000 per person, and $300,000 per occurrence.