After an accident, suing a private party is a typical process that more people are familiar with. If the negligent actor is a government entity, however, the process is different. Strict rules and shortened deadlines apply when the government is involved. There may also be damage caps in place, depending on the circumstances.
At Griffin Law Group, LLC, our dedicated Texas personal injury lawyers are very familiar with the differences and know how to protect your rights. Whether you were hurt by a private party or a governmental entity, we’re here to help.
Government Entities Have “Sovereign Immunity” — Private Companies Do Not
The biggest difference between the two types of defendants is sovereign immunity. Under Texas law, government agencies are generally protected from lawsuits unless the Texas Tort Claims Act (TTCA) specifically allows the claim.
Government entities include:
- Cities and counties
- State agencies
- Public schools and universities
- Public hospitals
- Transit authorities
- Law enforcement agencies
Private companies, such as retailers, construction firms, trucking companies, and property owners, do not have immunity. They can be sued under standard negligence laws without special permission.
When You Can Sue a Government Entity in Texas
The Texas Tort Claims Act allows you to sue the government only in specific situations, such as:
- Motor-vehicle accidents caused by government employees
- Premises liability (dangerous property conditions)
- Injuries caused by the use of tangible property
Even if this applies, you must still prove that the government employee was within the scope of their employment when they caused your injury.
Private companies can be sued for a wide range of negligent actions, including:
- unsafe premises,
- negligent hiring,
- defective products, and
- commercial vehicle accidents.
Strict Notice Requirements Apply to Government Claims
One of the most important differences is the notice deadline. Before suing a government entity, you must provide written notice of your claim, often within a very short timeframe.
Texas Tort Claims Act Notice Deadline
- 6 months from the date of the incident
- Must include the time, place, and nature of the injury
City-Specific Deadlines
Many Texas cities have even shorter deadlines, such as:
- Austin: 45 days
- Houston: 90 days
- Dallas: 90 days
- San Antonio: 90 days
Missing the notice deadline usually bars the claim entirely. Private companies do not have special notice requirements. You simply follow the standard two-year statute of limitations for personal injury claims.
Damage Caps Apply to Government Claims
Another major difference is the limit on compensation. The TTCA imposes strict caps on how much you can recover from a government entity.
Texas Government Damage Caps
- $250,000 per person
- $500,000 per incident for bodily injury
- $100,000 for property damage
These caps apply no matter how severe the injuries are.
Private companies have no statutory damage caps in most personal-injury cases. Victims can pursue full compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Disability or disfigurement
- Future medical care
- Property damage
This often makes claims against private companies more financially viable.
Evidence Requirements Are Different
Claims against government entities often require additional documentation, including:
- Proof that the employee was acting within the scope of employment
- Evidence that the government had actual or constructive notice of a dangerous condition
- Compliance with notice-of-claim requirements
Lawsuits Against Government Entities Move More Slowly
Government claims often involve:
- Additional administrative steps
- Internal investigations
- Mandatory pre-suit procedures
- More frequent motions to dismiss based on immunity
Private-company lawsuits typically move faster because they do not involve immunity challenges or statutory notice disputes.
Work With a Texas Personal Injury Attorney For Help With Your Case
The right attorney can make all the difference in your case. Knowing how to sue a governmental entity is complicated and not in every attorney’s experience. You want a lawyer familiar with both and how to handle each type of case.
Consult a Texas personal injury attorney at Griffin Law Group, LLC for help. Contact us today for a consultation of your case.