In certain situations, there are cases where the state may be found culpable in a wrongful death case. But, these incidents can get a bit tricky since government employees have certain privileges that other defendants in other wrongful death cases may not have. Assuming that after considering these privileges, they can still be held accountable for negligence in the death of your loved one, you can sue the state for wrongful death.
To prove that the state is responsible for this death, you must be able to prove that a government employee’s actions were negligent and caused their death. According to the Federal Torts Claim (FTCA), a valid claim must include a federal employee working in an official capacity when the wrongful death occurred. Then, they must have acted negligently while working in an official capacity. The claim will be based on the law of the state in which the wrongful death occurred. According to the FTCA, you must first file your claim under the federal agency under which the death occurred. This is called an administrative claim, which your attorneys will assist you with.
Government agencies and employees also have “qualified immunity,” which means they are not held liable for anything that happens to another person as long as they are working within their official capacity. However, this is assuming that as they are doing so, that they are acting legally and as their job calls for them to act. If not, they would be acting negligently and then could possibly be found reasonably guilty in a wrongful death case, depending on the exact circumstances. Though there are some technicalities, you still deserve justice and the monetary damages that we can help to award you. If you believe that the state was responsible for this death, we can give you legal advice by going through evidence to see if it is a valid claim.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases. We are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are compensated for the losses resulting from this tragic death, and you won’t owe us anything upfront for our services.
If your loved one has died a wrongful death due to negligence, contact America’s Consumer Lawyer for a free consultation. Helping our clients is about counseling, advocating, and ultimately solving problems. We have years of experience successfully representing the people, and not the powerful. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
