Are there any specific considerations for filing a brain injury lawsuit against a government agency?

Yes, there are specific considerations for filing a brain injury lawsuit against a government agency in Arkansas. Generally, state governments, including Arkansas, are immune from liability unless their laws expressly waive such immunity. In Arkansas, the doctrine of sovereign immunity usually requires a person seeking damages from a governmental entity to obtain permission from the Arkansas General Assembly before filing a lawsuit. Secondly, a person suing a governmental entity must file a notice of claim within ninety days of the injury. This document must describe the circumstances under which the injury occurred, the time and place of the injury and the amount of damages being requested. After the notice of claim is filed, the governmental entity has sixty days to accept or reject it. As with any lawsuit, statute of limitation laws will also apply. Generally, a lawsuit must be filed within two years of the injury or the injured individual’s rights may be barred. For brain injury claims involving a government agency, Arkansas law requires a three-year statute of limitations. Additionally, the plaintiffs must prove that the government agency was negligent or that the injury was a direct result of a government employee’s or agent’s actions or inactions. Brain injury claims against a governmental agency can be complicated and require an understanding of the complex laws governing the special considerations for filing a lawsuit against a governmental entity. Because of this, it is highly recommended that a person considering a brain injury lawsuit against a government agency in Arkansas consult with an experienced personal injury attorney.

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Are there any specific considerations for filing a brain injury lawsuit against a government agency?

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