Is There Government Immunity In Wrongful Death Claims?
We all have a duty of care to take reasonable measures to prevent causing injuries or death to others in our orbit. For instance, drivers must follow traffic laws and avoid distraction, and property owners must remove or repair safety hazards on commercial property.
When a loved one dies due to injuries that were preventable if only another party had upheld their duty of care, it causes intense grief and anguish for their family members. In many cases, it also causes financial hardship, especially when the deceased loved one was a family provider before their death.
When another party is responsible for a loved one’s death, a wrongful death claim brings the family financial compensation and a sense of justice; however, when the responsible party is a government entity, it’s important to understand how government immunity applies in specific cases.
Contact a wrongful death attorney in Salt Lake City today online to get the justice your loved one deserves.
What Types of Wrongful Death Claims Involve Government Entities?
City, county, state, and federal government agencies play a bigger role in our lives than most people realize. Accidents and injuries involving government entities aren’t uncommon. For instance, a public transit system accident may require a claim against a city bus or train agency.
A car accident caused by a deep pothole in a road may be the direct fault of a road agency’s negligence. An accident involving a postal delivery vehicle requires a claim against the federal government. A wrongful death at a VA hospital may be the fault of a government employee.
Filing a personal injury claim or wrongful death claim against a government entity in Utah or elsewhere adds a layer of complexity to the claim that requires diligent handling. Unique time limits, limits on non-economic damages, and other requirements may apply in wrongful death cases against government agencies. Additionally, sometimes the government has immunity against lawsuits, including wrongful death claims.
When Is the Government Immune to Wrongful Death Lawsuits?
In specific situations, many government agencies or other entities have immunity against lawsuits—including those for wrongful death. Under the following circumstances, government immunity applies:
- When a death results from the enforcement of a legal court order
- When the death was caused by civil disobedience the government is immune from lawsuits for failure to provide police supervision
- If a person died on government property due to natural conditions such as an icy walkway, lightning strike, or falling limb
- If an accident occurs due to a temporary roadway condition caused by inclement weather such as black ice or a slippery bridge
The government has immunity from wrongful death claims only in specific circumstances. These circumstances are also different with personal injury claims — a Salt Lake City personal injury lawyer can assist with all your legal needs in cases like these.
When Can I File a Wrongful Death Lawsuit Against a Government Agency?
A close family member may sue the government for wrongful death when a government employee causes a death while performing within the scope of their job duties, such as the driver of a city vehicle who runs a red light and causes a fatal car accident.
Wrongful death lawsuits are also allowable against government road planning agencies for designing a confusing roadway or placing inadequate signage, or against a road maintenance agency for failing to repair potholes or neglecting to replace a traffic signal with a history of malfunctioning.
If a government employee’s actions cause the death of someone on government property, a close family member who suffers economic damages may file a wrongful death claim.
How Can a Wrongful Death Lawyer In Utah Help?
In addition to government immunity in some wrongful death claims, the statute of limitations for lawsuits against the government is shorter and the government agency requires notice of intent to file a lawsuit. Limits on non-economic damages may also apply. Most government entities are immune from punitive damages in wrongful death claims.
Contact the Utah wrongful death attorneys at Handy & Handy online or call (385) 404-6398 for experienced guidance in these uniquely complex claims.