Omaha Government Tort Claim Attorneys
In some cases, an employee of a government agency may be responsible for causing serious injuries or loss of life. Various types of claims can be filed against a city, county, or state agency, based on the facts in the case. A government agency could be held liable if it is proven that the injuries or death were the result of an act of negligence, wrongful act, or omission by an employee of that agency.
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- Wrongful Death
A tort claim can be filed when an employee acted in a negligent or reckless manner, leading to injuries or loss of life. The claim must be filed within two years of the incident, or you will be forever barred from the right to seek compensation. These agencies have procedures that must be followed and differ from personal injury cases filed against individuals or businesses in several ways.
- Tort Claims against the City of Omaha: Private citizens have the right to bring claims against the city. The procedure involves sending a letter stating the details of the case. Cases of property damage require two to three quotes for repair or replacement. In cases of personal injury, all medical and associated bills and receipts must be submitted. All claims must be mailed, hand-delivered, or scanned in PDF format and delivered to the City Clerk’s office. It must be filed within one year of the incident.
- Tort Claims against Douglas County: The Political Subdivisions Tort Claims Act partially removes the immunity once held by county agencies for the negligent acts of their employees. The first action to take is to speak with an attorney about your case to ensure all filings are within the time limits imposed by law.
- Tort Claims against the State of Nebraska: A claim against the State of Nebraska can be filed only for damage, loss of property, personal injury, or death caused by the negligent or wrongful acts of a state employee who was, at the time of the incident, acting within the scope of their office or employment. Claims over $5,000 and under $50,001 require approval from the State Claims Board. Those claims exceeding $50,001 in value require approval from the state legislature. If the claim is not approved, a lawsuit could be brought to pursue compensation.
When valuing a claim, several issues must be fully investigated. The types of compensation that may be pursued can include:
- Economic damages: This aspect of compensation is the actual costs of the necessary medical care after the injury and in the future, skilled nursing care, house refits to accommodate medical equipment, rehabilitation, lost wages, and other financial losses.
- Non-economic damages: This form of compensation reflects the personal and emotional impact on the injured, including pain and suffering, emotional anguish, and loss of quality of life, and could be the highest portion of the compensation, either in an injury claim paid by the government agency’s insurance or determined through a lawsuit filed in civil court.
Cases filed against government agencies should be managed with the help of a qualified, experienced attorney who will ensure all filings are made within the time restrictions imposed by law and who will manage every aspect of these complex legal cases. At Bottlinger Law L.L.C., our legal team takes on tort claims with professionalism, personalized client care, and an unrelenting determination to seek justice and fair compensation for the people we serve in the Omaha area and the state of Nebraska. Call us today at (402) 505-8234.
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