In Ohio, Can You Sue Government Entities for Accidents and Injuries?

Being injured in an accident caused by another person or entity is never pleasant, but there are certain legal avenues you can take, such as filing a personal injury claim, to recover financially from your losses. But what if the person is a government official or the organization is a government entity?

In general, suing a city or county agency in Ohio isn’t easy. This is because Ohio, like all states and even the federal government, grant such organizations a unique level of immunity against civil lawsuits.

Does this mean you can’t hold state agencies liable for negligent acts? Not entirely.  

You can file an injury claim against that agency, but the process requires a thorough understanding of the legal intricacies and strict procedures involved.

Having a skilled and experienced personal injury lawyer by your side can make navigating this challenging terrain easier.

What Do Ohio Laws Say About Suing the Government for Negligence?

Under governmental immunity, government entities and their employees are shielded from certain lawsuits and liability for actions taken in the course of their official duties. While this immunity might seem like an insurmountable obstacle, Ohio laws do provide exceptions under which government entities can be held accountable for their negligent acts.

One key aspect that allows legal action against government entities is the concept of “negligent operation of a motor vehicle.” Under Ohio Revised Code section 2744.02(B)(1), immunity is waived for injuries, death or loss to person or property caused by the negligent operation of a motor vehicle by a city, county or state employee.

Another exception involves the “proprietary function” doctrine. If a government entity is engaged in a proprietary function rather than a governmental one, it might not be entitled to immunity. For example, if a city operates a commercial enterprise, such as a parking garage for visitors, that activity may fall under the proprietary function category. In such cases, if negligence occurs in the operation of the enterprise, the government entity may not be shielded by immunity.

What’s more, Ohio law recognizes that government entities can still be liable for dangerous or defective conditions on their property, premises or facilities. For instance, if a person is injured due to a hazardous condition on public property that the government entity knew about or should have known about and failed to rectify, a lawsuit might be possible.

How Long Do I Have to File a Governmental Personal Injury Claim in Ohio?

Under Ohio law, you have two years after the accident to file your claim. For claims against a government agency or employee, you may need to first file a “Notice of Claim” with the Ohio Court of Claims, which has a shorter time limit than normal personal injury cases. Always double check the specific statute of limitations for your case.

One of the things your attorney can do early in the process is check how much time you have to file your claim and proceed accordingly.

The Importance of Legal Representation

Navigating the realm of suing government entities can be intricate, with various legal nuances to consider. This is where the expertise of a skilled personal injury attorney becomes invaluable. An experienced lawyer can help you understand the procedural nuances, guide you through the notice requirements and build a strong case to pursue the compensation you deserve.

Is It Worth Taking Legal Action?

When you’ve suffered injuries due to the negligence of a government entity or its employees, pursuing legal action serves multiple purposes. Firstly, it holds the government accountable for their actions, promoting safer practices and preventing future accidents. Secondly, it provides you with the opportunity to secure compensation for medical bills, lost wages, pain and suffering and other damages you’ve incurred.

You shouldn’t have to suffer in silence and struggle financially because of someone else’s negligent actions, whether they’re part of a private or governmental entity.

What’s more, working with a lawyer doesn’t involve any upfront costs. In other words, your personal injury attorney will likely work on a contingency fee, meaning they only get paid if you win your case and receive compensation. This arrangement not only removes the financial barrier to seeking legal help but also ensures that your lawyer is fully invested in securing the best possible outcome for you.

Get Help Filing a Claim in Ohio After Being Injured by a Government Employee

If you’ve been injured by a governmental entity in Ohio, such as slip and fall at the DMV or in an accident with a city bus, and you’re struggling financially, you might be able to file a personal injury claim despite certain legal limitations.

At the Buckeye Law Group, we’re familiar with the courts of each locality in Ohio, including Cincinnati, Columbus, Cleveland and Akron, and can provide the guidance and support you need to seek justice and recover from your ordeal.

We work on a contingency fee basis, meaning we don’t get paid unless we win your case.

Call us today at 1-800-411-PAIN.