If you are injured in an accident or in other circumstances, you may find that a government official or entity is potentially at fault. Seeking compensation from a public entity is much different than bringing suit against a private party. Sovereign immunity generally protects government entities and their employees from being sued. However, Connecticut law provides exceptions that allow individuals to pursue claims against government entities in many instances. 

The following are the most important aspects you need to know about suing a government entity for damages:

1. Notice of claim — No lawsuit against a government agency can proceed without the filing of a notice that details the particulars of the claim. A notice of claim against a state employee or agency must be filed with the Office of the Claims Commissioner within one year. Notices of claims against local governments, such as a city or town, must be filed with the municipality's clerk or corporate entity within six months. 

2. Permission to sue — In a suit against the state, the Office of the Claims Commissioner reviews the submitted notice and determines whether to grant or deny permission to sue the state. The Commissioner may also decide to award damages directly if they find merit in the claim. If permission to sue is denied, the claimant may petition the General Assembly for authorization to bring a lawsuit against the state. For claims against local government entities, permission to sue is generally not required if you comply with the statutory notice requirements. However, there are specific statutory exceptions where permission may be required.

3. Immunity for certain acts — Government entities and their employees are immune from suit over certain actions, particularly those that involve discretionary functions or duties. For example, a municipality may be immune from liability for injuries caused by a decision involving policy-making or discretion, such as road maintenance or emergency responses. However, there are exceptions to these immunities, especially if a government employee's conduct is found to be reckless, wanton, or malicious.

4. Damages caps — Connecticut law imposes certain limits on the damages that can be recovered from a government entity. For example, claims against municipalities are subject to statutory caps on damages and punitive damages are generally not recoverable against government entities. Understanding these limitations is vital when pursuing a claim, as it may affect your overall strategy and potential recovery.

It is advisable to retain a Connecticut personal injury attorney who is familiar with the special rules and limitations involved in suing government agencies. An attorney can navigate the process efficiently, ensure compliance with all requirements and make sure your claim is not dismissed due to procedural errors.

At Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven, our attorneys know how to handle litigation against state and local government agencies in Connecticut. Call 203-745-0942 or contact us online anytime to arrange a free initial consultation.