Suing a Government Entity: Can You File a Claim Against a City or State?

Posted November 13, 2025 | Personal Injury Blog

If you were injured in an accident caused by a government employee or on government property, your path to compensation may look very different from a standard personal injury claim. Filing a lawsuit against a city, county, or state agency involves strict rules, short deadlines, and special legal protections that make these cases more complex.

In this article, we’ll cover:

• When you can file a personal injury claim against a government entity
• Common examples of government negligence
• How Texas and Utah handle sovereign immunity
• The steps involved in filing a government claim
• Why hiring an experienced personal injury attorney is critical for success

At Fielding Law Auto Accident Attorneys, we help injury victims across Texas and Utah pursue justice, even when the responsible party is a public agency or government employee.

When Can You Sue the Government for an Injury?

Under normal circumstances, government entities are protected by a doctrine called “sovereign immunity.” This legal principle means you generally can’t sue the government without its consent.

However, both Texas and Utah have passed laws, known as the Texas Tort Claims Act and Utah Governmental Immunity Act, that outline specific circumstances in which you can hold a government agency accountable for negligence.

You may have a valid claim if your injuries were caused by:

• A negligent government employee acting within the scope of their job
• A dangerous condition on public property (such as a road, sidewalk, or building)
• A government vehicle accident involving a city bus, garbage truck, or police cruiser

These cases often overlap with other practice areas such as car accidents, slip and fall injuries, or construction site accidents, depending on where and how the injury occurred.

Common Examples of Government Negligence

Some of the most common government-related injury claims include:

• Traffic accidents involving city or state vehicles (police cars, fire trucks, school buses, road maintenance vehicles)
• Poorly maintained roads or sidewalks leading to accidents or falls
• Negligent operation of public transit systems

• Injuries on public property, such as parks, recreation centers, or courthouses
• Unsafe public buildings, including broken stairs, inadequate lighting, or faulty elevators

For example, if a city bus driver causes a collision that injures passengers or pedestrians, victims can pursue a claim under the city’s transit agency liability policy. Similarly, a person injured by falling debris at a public facility could hold the government responsible if negligence in maintenance is proven.

The Difference Between Texas and Utah

Texas: Texas Tort Claims Act

In Texas, the Texas Tort Claims Act (TTCA) waives sovereign immunity for certain cases involving motor vehicles, premises defects, or the use of tangible property. However, the law places strict limits on how much compensation victims can receive:

• Up to $250,000 per person

• Up to $500,000 per incident

Before filing a lawsuit, you must submit a Notice of Claim within six months of the injury, and sometimes even sooner depending on the city or county involved.

Utah: Utah Governmental Immunity Act

Utah’s law is similar. The Utah Governmental Immunity Act allows injury claims against government agencies under limited conditions, but victims must first file a Notice of Claim within one year of the incident.

The Act also caps damages and may restrict claims for certain types of negligence. This is why consulting with an experienced Utah personal injury lawyer early in the process is essential.

The Notice of Claim Process

Before you can sue a government agency, you must file a formal Notice of Claim. This notice alerts the government that you intend to seek compensation and gives them the opportunity to investigate.

Your notice must include:

• Your name and contact information
• A detailed description of what happened
• The date, time, and location of the incident
• The extent of your injuries and damages
• The amount of compensation you are seeking

Failure to file this notice correctly, or within the deadline, can permanently bar your right to sue. That’s why it’s critical to have a personal injury attorney prepare and submit it on your behalf.

Proving Negligence Against a Government Entity

To win your case, your attorney must show that:

1. A government employee acted negligently within the scope of their employment.
2. That negligence caused your injury.
3. Your damages are legitimate and supported by evidence.

Examples might include a city employee running a red light in a work vehicle, a public building with unmarked hazards, or a municipal construction site that failed to follow safety codes.

Your auto accident lawyer or premises liability attorney will investigate the claim, gather evidence, and identify which agency bears responsibility.

What Damages Can You Recover?

While compensation caps vary by state, victims of government negligence may be entitled to recover for:

• Medical expenses and rehabilitation costs
• Lost income and diminished earning potential
• Pain and suffering
• Property damage
• Long-term disability or impairment

In cases involving gross negligence, such as a reckless government driver, your attorney may also explore punitive damages, although these are often limited under state law.

Why Legal Representation Is Essential

Claims against government agencies are complex and time-sensitive. Missing a filing deadline or using incorrect paperwork can end your case before it begins.

At Fielding Law Auto Accident Attorneys, our lawyers know the specific procedures, notice requirements, and legal exceptions in both Texas and Utah. We’ll ensure your claim is filed properly, negotiate with government insurers, and fight for full compensation under the law.

We’ve successfully represented victims in cases involving truck crashes, public transit accidents, and catastrophic injuries caused by government negligence.

Contact Fielding Law Auto Accident Attorneys

If you’ve been injured due to the negligence of a government employee or on public property, time is critical. You may only have months to take action.

Let Fielding Law Auto Accident Attorneys guide you through the process of filing a government claim and protect your right to fair compensation.

Texas Offices:

• Mesquite: 18601 Lyndon B Johnson Freeway Suite 315, Mesquite, TX 75150
• Heath: 4232 Ridge Rd #104, Heath, TX 75032
• Richardson: 2221 Lakeside Blvd, Suite 1600, Richardson, TX 75082

Utah Office:

• Taylorsville: 4179 South Riverboat Road, Ste 150, Taylorsville, UT 84123

Call Fielding Law today for a free consultation, because it’s not about us. It’s about you.