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Narwal Injury Law has extensive experience handling government negligence claims in Redmond and throughout Washington State, fighting so that injured individuals receive justice and fair compensation even when powerful government entities are involved.
Government negligence occurs when a government entity or its employees fail to exercise reasonable care in their duties, resulting in harm to individuals. Like private parties, government entities have a duty to act reasonably and avoid creating unreasonable risks to the public. However, the legal framework for government negligence claims differs substantially from typical negligence cases due to the doctrine of sovereign immunity.
Sovereign immunity is a legal principle that historically protected government entities from lawsuits. While this absolute immunity has been partially waived in Washington State through Washington’s Tort Claims Act and similar local provisions, government entities still retain certain protections that private defendants don’t enjoy.
Understanding the distinction between discretionary functions (for which governments are generally immune) and governmental ministerial functions (for which they can be liable) is critical in government negligence cases. This is one reason why having an experienced Redmond government negligence attorney is so important. Narwal Injury Law has the knowledge and experience to analyze your case, determine whether government immunity applies, and build a compelling claim when liability exists.
To prove negligence against a government entity, you must establish the four standard elements: duty, breach, causation, and damages. This requires overcoming hurdles like government immunity and meeting higher evidentiary standards.
Duty: You must demonstrate that the government entity or employee owed a duty of care, typically by proving that the government was performing a ministerial function or that the situation falls under an immunity exception.
Breach: You must demonstrate the government failed to exercise reasonable care. This includes demonstrating that the government was aware of or should have been aware of a hazardous condition, failed to rectify it, violated procedures, acted below the standard of care for a reasonable government entity, or was unable to train or supervise employees properly.
Narwal Injury Law’s commitment to thorough investigation is significant in government negligence cases. Government entities often have lost relevant records by the time claims are filed, and they may not be forthcoming with evidence that supports liability.
We use Washington’s Public Records Act to obtain maintenance logs, inspection reports, incident histories, training records, policies and procedures, and internal communications that can prove knowledge of dangerous conditions or negligent practices. We also conduct independent scene investigations, consult with appropriate experts, and interview witnesses before their memories fade.
Government entities often aggressively defend negligence claims, employing unique defenses. The primary obstacle is sovereign immunity, which allows governments to claim immunity for discretionary functions. Success requires proving the actions were ministerial or fall under a specific exception.
Governments frequently claim a lack of notice about the dangerous condition. So, one must show the government had actual knowledge, the condition existed long enough for reasonable discovery, prior complaints were received, or the government itself created the hazard.
Another defense targets procedural non-compliance, such as late or incomplete notice of claim filings. Experienced legal counsel is vital for immediate compliance.
If your notice of claim is denied or if settlement negotiations fail, your case will proceed to litigation. The litigation process for government negligence cases follows the general pattern of civil litigation, but with some unique aspects. After your claim is denied, you have a limited time to file a lawsuit, typically the remaining time from the standard statute of limitations, but this varies depending on the specific government entity involved and the type of claim.
Many government negligence cases settle before trial, as governments often prefer to avoid the expense, publicity, and uncertainty of trial. However, having an attorney prepared to take your case to trial if necessary usually results in better settlement offers, as government defendants know you’re serious about pursuing fair compensation. If your case does go to trial, Narwal Injury Law has the litigation experience and courtroom skills necessary to present your case effectively to a jury.
You typically have only 120 days to file a notice of claim with local government entities like the City of Redmond or King County, which is much shorter than the standard three-year statute of limitations for personal injury claims.
Yes, sovereign immunity has been partially waived in Washington State, and government entities can be held liable for negligent performance of ministerial functions and other situations where immunity doesn’t apply.
Even if you’re uncertain about government liability, you should consult an attorney immediately and file a precautionary notice of claim within the deadline to preserve your rights while the facts are investigated.
Most government negligence cases settle before trial, but having an attorney prepared for trial often results in better settlement offers, as the government knows you’re willing to pursue the case entirely.
If you’ve suffered an injury due to government negligence in Redmond, time is of the essence. Don’t let strict deadlines prevent you from pursuing appropriate compensation. Contact Narwal Injury Law today for a free consultation with an experienced Redmond government negligence attorney. We’ll evaluate your case, explain your rights and options, and begin fighting for the justice and compensation you need.
Our firm is here to help you handle this challenging process and build your case so that government negligence is not left unanswered. Phone us in Redmond at (425) 474-2714.
(425) 842-8888
(360)-859-8413
(425) 842-8888