Can I file a catastrophic injury lawsuit if the defendant is a government entity?
Yes, you can file a catastrophic injury lawsuit if the defendant is a government entity in Washington. Under Washington law, it is possible to bring a catastrophic injury claim against the government, such as a state or local municipality, for injuries that are caused by the negligent acts or omissions of the government entity. However, there are limitations and conditions that must be met in order to successfully pursue a catastrophic injury claim against the government. One of the main conditions for filing a catastrophic injury claim against the government is that the plaintiff must file a claim with the government within a specified amount of time. Typically, this time limit is three months from the date of the injury. The plaintiff must also demonstrate that the government had a duty to act in a particular way, and that it failed to do so. If the plaintiff can demonstrate that the government’s failure to act was the proximate cause of their injury, then a lawsuit can be filed. It is also important to know that, in most cases, the government is immune from punitive damages in a catastrophic injury case. Punitive damages are intended to punish the defendant for their wrongful acts, and thus are not available in claims against government entities. Overall, Washington law allows plaintiffs to file a catastrophic injury lawsuit if the defendant is a government entity, but certain conditions must be met and there are limitations on damages that may be awarded.
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