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

Phillip J.
Phillip J.
14:30 18 Jan 22
Upfront pricing & transparency throughout. Got my case completely dismissed and I’m now able to... move forward with a clean slate. Thank you Marc and Emma and the entire team attorneys for freedomread more
Jared B.
Jared B.
19:48 15 Jan 22
5 stars just isnt enough for Andrew Marcantel, Marc Victor, and the entire staff here.When my... boyfriend was wrongly accused of a totally vile crime, neither of us had any experience navigating the "just-us" system.If you've faced potentially life-altering accusations, and you feel like the system is set up to empower police, prosecutors, judges, and pretty much everyone except you, then you're right! If you want to level the playing feild, Attorneys for Freedom will accomplish that.Some others have commented about the price. Good representation does cost money, unfortunately. What is a persons future worth?Compared to the competition, which is also expensive, the value you will get at this law firm is just unbelievable. Andrew especially is so great at walking you through possible scenerios, guiding you through important decisions, and has the experience to truly get good results. Extremely knowledgeable and creative not just "aggressive". He is also an excellent communicator, both in the office and in the court.Speaking of communication, the paralegal team at even some more expensive law firms will leave you wondering what it is they are paid to do. This is not the case at Attorneys for Freedom. Ashley Crispino and Kaylie Kline did an amazing job at both keeping us in the loop and being available when needed.Reading "Case Dismissed" after what felt like an eternity of fighting was the best outcome we could have ever asked for.I told my Aunt who was very worried about us at the height of all the absurdity that I felt like having Andy on our side was better than prayer. And I was right.read more
Nicholas K.
Nicholas K.
01:07 17 Dec 21
Bad review was due to unfortunate mistake in contact info. Mr. Harris made contact, fixed my file,... and set up the next steps for my request.read more
Daddy D.
Daddy D.
17:44 14 Dec 21
Helped me out with all my attorney needs. Out of state help!
Kira L.
Kira L.
22:12 02 Dec 21
This is my first time ever needing an attorney and my attorney was Kate and she did an amazing job... with my case! Kate took time to go through all of the evidence so she understood everything before going to court. Kate assistant Madalyn was also super helpful and very sweet! Anytime I called she was very understanding and helped me walk through the process when I did not understand something and always had an upbeat positive attitude! If I ever need an attorney again I will definitely being going back to Kate!read more
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