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forbes.com

Q. Can You Sue the Government?

A. The basic answer is yes. However, suing the government is very different from suing a private person, company or entity because the government is entitled to special protections.

Under traditional English common laws, a doctrine called sovereign immunity prevented citizens from suing the king. Sovereign immunity was incorporated into American law as well, imposing limits on lawsuits against government agencies or employees.

However, there are important exceptions to sovereign immunity at federal and state levels. If your case falls within one of these exceptions, then you can move forward with your claim—but there will likely be additional hoops to jump through that you must fulfill before just going to court and filing a lawsuit.

When Can You Sue the Government?
You can sue the government when the government has consented to you making a claim. There are specific laws that outline circumstances when these types of cases can move forward.

If you wish to pursue a claim against the federal government, the Federal Tort Claims Act outlines exceptions to sovereign immunity rules that apply. Some other federal laws also allow for lawsuits in specific situations, such as EPA regulations that enable you to pursue claims under the Clean Water or Clean Air Acts.

States also have specific laws detailing when and how you can sue them. These can vary based on where you live. For example, in Pennsylvania, the Sovereign Immunity Act details circumstances when you can sue the Commonwealth of PA, while Florida laws include a Waiver of Sovereign Immunity for certain tort actions.

Examples of When You Can Sue the Federal Government
Under the Federal Tort Claims Act, you can sue the federal government if:

You were harmed by a federal employee
The employee was acting within their official duties when the harm occurred
The employee acted intentionally or negligently in a way that caused the harm
You experienced actual damages as a result of the employee’s action
You can pursue a claim based on damage to your person or your property. The two most common examples are:

When a government vehicle causes an accident
When someone is injured on government property due to unsafe conditions
As noted above, there may also be other circumstances where you can sue the federal government when specific federal regulations establish the right to make a claim against agencies or officials.

Examples of When You Can Sue State Governments
The specific rules of when you can sue the government will vary depending on where you live. However, some examples of situations when you can pursue a claim against state or local agencies may include the following:

When a government worker causes a motor vehicle accident in a state vehicle
When a healthcare provider in a state-run medical facility commits medical malpractice
When a state or federal worker or agency damages your property
When state or local roads are not properly designed or maintained and an accident occurs as a result
When you are injured by a police dog or other animal in custody of a state official
When you are harmed by other state or local employees acting intentionally or negligently (including police or public school providers)

How Can You Sue the Government?
There are not just limits on when you can sue the government—there are also special steps you must take when you wish to pursue a claim against federal or state agencies.

For example, under the Federal Tort Claims Act, you must first go through an administrative claims process before you can go to court. This means you must submit a claim directly to the government agency and provide a chance for that agency to respond. If the agency “admits” your claim, you may be offered a sum of money to settle. You can choose to accept that sum, or file a lawsuit within six months of receiving a decision from the agency.

Some states also have their own procedural hoops to jump through, and some even impose limits on the amount of compensation that you can recover when you pursue a claim.

You may also operate under different time deadlines than the normal statute of limitations applicable to the type of claim you are filing if your case is being brought against the government.

Because of these special rules, you should always speak with an experienced attorney before you decide to move forward. You need a lawyer familiar with the exceptions to sovereign immunity that apply to your case so you can get the help you need to protect your rights.

Getting Legal Help Suing the Government
When the government has caused you harm, you deserve compensation for the damages you’ve endured. Contact a lawyer who has handled claims similar to yours as soon as possible for assistance in making your case for compensation so you don’t lose your chance to recover damages due to a lack of knowledge of exceptions to sovereign immunity rules.

Frequently Asked Questions (FAQs)
Do you need permission to sue the U.S. government?
In order to sue the U.S. government, your case must fall within an exception to sovereign immunity rules that protect the government against lawsuits. The Federal Tort Claims Act lays out many exceptions to these rules.There are also regulations throughout the country that allow citizens to file lawsuits against specific state agencies.

How do I file a lawsuit against the U.S. government?
If you are filing a lawsuit against the U.S. government, you must follow the requirements outlined in the Federal Tort Claims Act (or whatever other regulations allow your lawsuit). Under the Federal Tort Claims Act, you must provide notice to the agency you are suing and move through an administrative claim process before filing suit in court.