Can I file a catastrophic injury lawsuit if the defendant is a government entity?

Yes, you can file a catastrophic injury lawsuit against a government entity in Tennessee. However, depending on the type of government entity, the process may be more complicated than suing a private individual. Tennessee follows the federal government’s strict form of immunity known as the “Federal Tort Claims Act” (FTCA). This means that there are certain conditions that must be met before a claim can be filed against a government entity. In order for a catastrophic injury lawsuit to be valid, the injury must have been caused by the "negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment." In addition, the injury must not fall under any of the exceptions listed in the FTCA, such as intentional acts, libel, slander, or malicious prosecution. If the injury meets the criteria, the individual has two years to file a claim with the government agency. The government will then decide whether or not to accept or reject the claim. If the claim is accepted, the individual will receive damages from the agency. If it is rejected, the individual can take the case to court and sue the government. In Tennessee, catastrophic injury lawsuits can be filed against a government entity. However, the process involves more steps and exceptions than suing a private individual. Therefore, it is important to understand the specific criteria and requirements before filing a claim.

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