DeFrancisco & Falgiatano Law Firm
Call now for a Free consultation
315-479-9000
VIEW OUR PRACTICE AREAS

Could sovereign immunity hamper your negligence case?

The concept of sovereign immunity is likely something that most people who are not lawyers will ever have to know about or deal with. However, if you are even in an accident with a vehicle controlled by a municipality (i.e. a garbage truck, public works vehicle, or fire truck) or want to hold a state agency accountable for poor road design or maintenance, this term may be used against you in order to limit or prohibit your claim.

This post will briefly explain what sovereign immunity is and how it may hamper your case. 

At its core, the concept of sovereign immunity is where a government and its political subdivisions cannot be sued unless it consents to the lawsuit. The concept is generally used to protect government employees in their daily decisions from lawsuits. For instance, a negligence claim against a sanitation department for a truck stopping suddenly to pick up trash may not be actionable depending on the circumstances.  After all, these employees must be able to do their jobs without the constant fear of a lawsuit.

Because of this, a lawsuit against a municipality may present hurdles that a skilled personal injury attorney may have to overcome. Indeed, sovereign immunity is not absolute. There are instances where a government employee or agency may not be exempt from being held liable in negligence lawsuits.

So if you have questions about whether you can bring suit against a government entity or whether your claim will survive a challenge under sovereign immunity, having a conversation with an experienced car accident lawyer will help. 

No Comments

Leave a comment
Comment Information

Honors & Accreditations

Free Case Evaluation Form You will receive a prompt response to your evaluation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

EMAIL US FOR A RESPONSE

OUR OFFICE LOCATIONS:

East Syracuse Office
6739 Myers Road
East Syracuse, NY 13057

East Syracuse Law Office Map

Oneida Office
312 Broad Street
Oneida, NY 13421

Oneida Law Office Map

Watertown Office
119 Sherman Street
Watertown, NY 13601

Watertown Law Office Map

New Hartford Office
23 Oxford Road
New Hartford, NY 13413

New Hartford Law Office Map

Oswego Office
92 W. 6th Street
Oswego, NY 13126

Oswego Law Office Map

Cortland Office
26 Court Street
Cortland, NY 13045

Cortland Law Office Map

Rochester Office
510 Clinton Square
Rochester, NY 14604

Rochester Law Office Map

Phone: 315-479-9000
Fax: 315-479-9300
Back To Top