Governmental Liability

What Is Government Liability?

Government liability refers to the legal responsibility that government entities—from state departments to local agencies—bear when their negligence causes harm to individuals. Historically, the concept of “sovereign immunity” shielded governments from most lawsuits. Today, this immunity has been significantly limited, allowing individuals to seek justice when harmed by government negligence. However, these cases involve specialized procedures and strict deadlines that require expert legal guidance.

Common Types of Government Liability Cases

Government negligence can take many forms, including:

Negligent Supervision

• Inadequate oversight of parolees or individuals on work-release leading to harm
• Dangerous individuals released without proper precautions or monitoring

Unsafe Public Spaces

• Poorly maintained parks, sidewalks, or public buildings resulting in injuries
• Inadequate security measures causing harm to visitors

Roadway Accidents

• Improper signage or hazardous road conditions
• Construction zone mismanagement
• Accidents involving government-owned vehicles

Child and Elder Neglect

• Failures in foster care systems
• Neglect in elder care facilities overseen by state agencies

The Legal Framework

In Washington and Oregon, individuals can file claims against state agencies, local governments, or their employees when their negligence causes harm. These cases are governed by specific statutes that establish how claims must be filed, strict notice requirements, limited timeframes for action, and special procedural requirements.

With over 25 years experience, Lim Hardy Law is well-versed in these complex legal procedures and is committed to giving your case the meticulous attention it deserves.

Important Legal Precedents

Significant court decisions have established that government agencies must take reasonable steps to protect people from foreseeable harm. These precedents set standards requiring government workers to safeguard potential victims, including patients in state mental health facilities, individuals released from correctional facilities, children in foster care systems, and elderly individuals in state-supervised care.

Guided by these legal principles, our firm is dedicated to leveraging our collective legal knowledge to advocate for those harmed by government negligence.

Critical Timelines and Procedures

Filing a claim against government entities involves specific steps and tight deadlines that differ from standard personal injury cases:

• Notice Requirements: In Washington, you must file a Notice of Claim with the appropriate agency—typically within 60 days—before pursuing litigation.
• Statute of Limitations: Most claims must be filed within a strict timeframe, in Washington state it is often three years from the date of injury and in Oregon state it is often two years from the date of injury, though this may vary depending on the circumstances.
• Documentation: Claims require detailed documentation of the incident, injuries, and evidence of government negligence.

Why Timing Matters

Acting promptly is crucial in government liability cases. Delays can result in the loss of critical evidence, expiration of legal deadlines, and missed opportunities for justice. Filing as soon as possible allows your legal team to gather essential information, including witness statements, official reports, medical documentation, and evidence of unsafe conditions.

Dedicated Advocacy

Lim Hardy Law is built on the combined legal expertise of our attorneys. We are committed to advocating for those affected by government negligence. Our team is prepared to confront state agencies and local governments in cases involving negligent supervision, social service failures, unsafe public conditions, and more.

Comprehensive Support

When you work with Lim Hardy Law, you receive:

• A thorough investigation of your case
• Expert legal guidance through the complex procedures of government liability claims
• Vigorous advocacy during negotiations and litigation
• A steadfast commitment to securing the compensation you deserve

If you or a loved one has been harmed due to government negligence, you don’t have to face this challenge alone. At Lim Hardy Law, we are dedicated to providing innovative and personalized legal representation to hold government entities accountable.

Free Consultation

We offer a no-obligation consultation to evaluate your case and explain your legal options. Our attorneys work on a contingency fee basis—meaning you pay nothing unless we secure compensation for you.

How do I know if I have a valid claim against a government entity?

Government liability cases require demonstrating that a government entity owed you a duty of care, breached that duty through negligence, and that this breach directly caused your injuries. During your consultation, our attorneys will assess your situation to determine if you have a viable claim.

How long do I have to file a claim against a government agency?

Timelines for government claims are strict and vary depending on the entity involved. Generally, you must file a notice of claim within 60 days and pursue litigation within two or three years. Consulting with an attorney promptly is essential to preserve your rights.

What compensation might be available in a government liability case?

Potential compensation may include medical expenses, lost wages, pain and suffering, and other damages related to your injuries. In cases of extreme negligence, additional compensation may be available. Our attorneys will work to secure the full compensation you deserve based on your unique circumstances.

Why do I need a specialized attorney for a government liability claim?

Government liability claims involve unique procedures, strict deadlines, and specialized knowledge of sovereign immunity laws. Our attorneys bring focused expertise from their legal careers, enabling us to navigate these complex cases effectively and advocate for your rights.