The aspects of bus accident lawsuits and bus accident settlement negotiations differ greatly from common motor accidents and auto collisions. One important aspect of the lawsuit involves the fact that several buses are owned by local or state government entities. A government employee may get the protection of “sovereign immunity”, special or accelerated procedural requirements in order to make a claim, as well as limits on the overall amount available for the damages.
Identifying the involved bus company’s ownership will help make sure that you select the right accident lawsuit process. When the bus that is involved in it was a private entity, rather than government, it will follow the procedures as well as rules that usually apply in negligence as well as personal injury cases.
Sovereign Immunity
This refers to the immunity of the government from a lawsuit. However, it will usually permit one either by waiver or by issuing consent to suit. Instead of denying the right to suit completely, most government entities will let a lawsuit proceed in the case the complaining person conform to the stricter procedural necessities associated with lawsuits made against the government.
The sovereign immunity doctrine’s traditional interpretations indicate that school districts, municipalities, cities, and nations are not entitled to it. Although there is debate concerning this stance, state laws may impose procedural necessities upon those who pursue a claim against such entities and scrutiny of the local interpretation as well as the requirements is recommended.
Notice of Claim as well as Statutes of Limitations
Generally, statutes of limitations are those that necessitate the injured people to start their lawsuit inside a specific time period. Failure to commence it prior to the expiration of the deadline leads, with some exceptions, to the loss of the ability to sue. The deadlines statutes are set by the jurisdiction wherein the accident happened and may differ greatly between jurisdictions.
A notice of claim, on the other hand, is notification of the intent to sue. As with the said deadline statutes, failing to file it timely leads to the loss of your suing ability. Even though the deadline upon personal injury lawsuits is often 2 or more years, notice of claim tends to necessitate action inside a couple of months. It is necessitated to be done in writing, and depending upon the local rules, has to comprise certain specific pieces of information concerning the accident as well as your injuries.
Note that filing of a written notice of claim to fulfill the requirements of the statute of limitations does not commence a lawsuit. People involved in accidents with one government entity have to conform to both sets of procedural requirements.