Chandler Government Liability Lawyers | Attorneys for Freedom Law Firm

Government Liability Lawyers

Arizona governmental entities may be potentially liable for personal injuries and damages resulting from their wrongful acts. However, Arizona law provides limitations as to when liability may exist. For example, liability can generally exist if a motor vehicle accident is negligently caused by a governmental employee. However, with certain governmental actions, such as excessive force by law enforcement or police officers, there is a higher standard of gross negligence that may need to be established before legal liability may exist. Further, there are certain acts and omissions for which there is no civil liability, such as a claim for excessive force under Arizona’s Constitution (that being said, there may be other potential avenues, such as civil rights claim under federal law).

In addition to liability limitations, there are also hoops to jump through to bring a claim for personal injuries and damages against a governmental entity or its employees. Many people are unaware of Arizona’s Notice of Claim statute, A.R.S. § 12-821.01, which contains specific requirements that must be met if someone intends to assert a claim against an Arizona public entity or employee, such as a police officer. These specific requirements include a strict 180-day deadline to serve, by a person authorized by-laws to service process, a claim on the governmental agency, the individual employees, or persons authorized to accept service for the agency or employees. In addition, a Notice of Claim must contain facts sufficient to permit the government and its employees to understand the basis on which liability is claimed, which includes the identity of persons subject to the claim, the background facts, the basis for liability, and the injuries and damages sustained by the person making the claim. Moreover, the Notice of Claim must contain a specific amount for which the claim can be settled and the facts supporting that amount. If a claim is not resolved, any lawsuit based on Arizona law must be brought within the applicable time limit, which is generally one year from the date the injury-causing event occurred.

The federal system similarly sets forth when and how a person may bring a claim for personal injuries against the federal government, its agencies, and employees. This includes prerequisites that must be satisfied prior to filing any lawsuit for personal injuries and damages. Such prerequisites may include exhausting the federal agency’s administrative process for claims against the agency or its employees. This means that a claim must be submitted to the federal agency within the applicable time period, which may be different for each federal agency. There are also restrictions on potential liability.

For example, while a police officer engaging in unlawful excessive force may be liable for constitutional violations under federal law, the law enforcement agency is generally not vicariously liable for those constitutional violations unless the agency is independently liable, such as liability for implementing policies and practices known to violate a person’s civil rights.

The laws governing the liability of governmental entities and their employees are convoluted and, in practice, can make it difficult to properly preserve and bring a viable claim. If there is not compliance with the prerequisites under Arizona or federal law, a person may be prohibited from bringing a lawsuit to recover personal injuries and damages. In addition, there are various immunities that may preclude certain types of claims or claims against particular public entities or their employees.

Seeking compensation where you have been wronged by the government, is a legally complex and usually overwhelming thought. If you have been injured in an accident involving a government entity, our first step will be to determine whether the entity is federal, state, or municipal. Different procedural and substantive rules may apply for each level of government.

At Attorneys For Freedom Law Firm, we routinely represent people who have had their civil rights violated under both Arizona state law as well as the federal statute 42 USC § 1983. We have experience in standing up for ordinary people against the government. Fighting the government is what we do. If you have been harmed because of government negligence in Chandler or Maricopa County, contact the Attorneys for Freedom Law Firm or call our office directly at 480-755-7110.

Arizona Office Address:
3185 S. Price Rd.
Chandler, AZ 85248
Phone: 480-755-7110

Mont B.
Mont B.
20:45 28 Jun 22
I really appreciate the teamwork culture of the firm. I worked with Caroline in the Honolulu... office. Caroline was extremely professional and went above and beyond working on short notice and working on the weekend. She worked really hard to obtain the best outcome for me. Thank you!read more
Diana V.
Diana V.
00:43 12 Jun 22
I am grateful beyond belief for the incredible team that helped me. Jody Broaddus, thank you for... everything you and your team did for me. I appreciate you from the bottom of my heart.I haven’t been able to Breath right and my life has been rough. I’m still trying to recover and I know it will take a while but because of God putting the right lawyer and team in front of it all, I now have a light at the end of the tunnel. I thank you for the kind words and dedication you put forward.Thank you and God bless youread more
Hardeep K.
Hardeep K.
16:50 27 May 22
Jason D.
Jason D.
20:29 29 Apr 22
Attorneys for freedom was a 10/10 on handling my case, i had the pleasure of speaking directly to... the attorney and staff. Everybody was professional and helped me every step of the way giving these issues that create havoc and frustration in your personal life.Rachel Moss, was exceptional in going above and beyond what was necessary to get the results we were going for and we accomplished what we sout out for. Her communication and understanding of the law and policies led us to a great victory that we fought for from the beginning.Thank you to the entire staff for everythingI do appreciate your hard work, i definately could not have got the results we achieved on my own.read more
Spiritual T.
Spiritual T.
19:01 13 Apr 22
I had a hiccup with this company and I have to say I’ve never seen a faster turn around on fixing... the issue. John Harris went above and beyond my expectations on getting this resolved and I am thankful for his fast and prompt acts and the awesome service. Thank you John.read more
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