When someone suffers a catastrophic injury due to the negligence of a government agency — such as a city, school district, or federal department — the legal pathway to compensation becomes significantly more complex. Unlike a typical personal injury case against a private party, suing a government body involves strict legal procedures, tight deadlines, and limitations under laws like sovereign immunity.
However, many government entities can be held liable if victims follow the proper processes. This guide explains how to file a catastrophic injury claim against a public agency, what laws apply, and the exact steps victims and families should take to pursue justice and compensation.
What Counts as a Catastrophic Injury?
A catastrophic injury is a serious, often permanent injury that significantly impairs a person’s life and ability to function. These injuries often require long-term medical care, specialized treatment, and ongoing personal support.
Common Types of Catastrophic Injuries
- Traumatic brain injuries (TBI)
- Spinal cord damage, often leading to paralysis
- Burn injuries requiring long hospital stays or skin grafts
- Amputations or loss of limb function
- Multiple fractures with chronic impact
- Loss of vision or hearing
- Fatal injuries, leading to wrongful death claims
These injuries typically result in high medical expenses, lost income, and a diminished quality of life, making compensation essential.
When the Government Is Responsible for the Injury
In catastrophic injury claims, responsibility often falls on government-operated services or facilities. This includes public schools, transit systems, public parks, and even federal agencies like the Department of Veterans Affairs.
Examples of Negligent Government Behavior
- Poor maintenance in public buildings
- Unsafe school equipment or playgrounds
- City bus accidents caused by negligent driving
- Explosions from public utility failures
- Injuries caused by police misconduct or excessive force
Identifying the responsible government entity is the first step in building a viable legal claim.
Understanding Sovereign Immunity and Waivers
What Is Sovereign Immunity?
Sovereign immunity is a legal doctrine that protects government agencies from being sued without their consent. Originally, this meant you couldn’t sue the government under any circumstances.
Modern Exceptions to Immunity
Today, many government entities have waived sovereign immunity through specific legislation. This means you can sue — but only if you follow certain procedures. Key examples include:
- Federal Tort Claims Act (FTCA) for federal agencies
- California Tort Claims Act (CTCA) for state and local government bodies in California
Each law has its own rules, filing deadlines, and procedures that must be followed exactly.
How to File a Federal Claim: The FTCA Process
If your injury was caused by a federal agency or employee, the Federal Tort Claims Act governs how you can seek damages.
Who Is Covered by the FTCA?
- Federal employees acting within their official duties
- Agencies like the U.S. Postal Service, VA hospitals, or national parks
- Injuries based on negligence (not intentional misconduct)
Step-by-Step FTCA Claim Process
- Complete Standard Form 95
Submit this form to the relevant agency. It includes details of the incident, your injuries, and the compensation you're seeking.
- File Within Two Years
You must submit the form within two years of the date of injury.
- Await the Agency’s Decision
The government has six months to respond. If they deny your claim or fail to respond, you may file a lawsuit in federal district court.
Why the FTCA Process Matters
You cannot file a federal lawsuit without completing the FTCA administrative process first. Failure to comply with the steps — or the timeline — will likely result in your case being dismissed.
Suing State and Local Government Agencies
For injuries caused by city departments, county services, school districts, or state agencies, your claim falls under state tort claims laws.
In California, that means using the California Tort Claims Act (CTCA).
What the CTCA Covers
- City and county governments
- Public schools and districts
- Transit authorities, like buses and subways
- Parks departments, public pools, and recreational spaces
Timeline for Filing a CTCA Claim
- Initial claim deadline: Within 6 months of the injury
- Agency response window: 45 days
- Lawsuit deadline (if claim is denied): Another 6 months from the rejection
Missing any of these deadlines may permanently bar your claim — even if your case is otherwise strong.
Examples of Catastrophic Injuries Caused by Government Negligence
Understanding real-life scenarios can help victims recognize when they may have a viable case.
Brain and Spinal Cord Injuries
- A child falls through a broken guardrail at a public school, suffering brain damage.
- A motorist is paralyzed after a city bus crash due to driver negligence.
Severe Burn Injuries
- A gas explosion caused by faulty public utility lines burns several residents.
- A fire in government housing due to poor maintenance causes long-term disfigurement.
Wrongful Death Cases
- A student dies after suffering heatstroke during a poorly supervised school activity.
- A family loses a loved one in a police pursuit crash on public roads.
In all of these cases, the injured party or their family may be entitled to damages — if the claim is filed properly.
Step-by-Step Guide to Filing Your Government Injury Claim
Successfully pursuing a case against a government agency takes careful planning. Here’s a breakdown of what you need to do:
Step 1: Gather Medical and Incident Evidence
Document everything related to the injury, including:
- Emergency medical treatment records
- Follow-up care summaries
- Photographs of the scene
- Witness statements
- Police or incident reports
Step 2: Identify the Responsible Entity
Determine whether the claim involves:
- A federal agency (FTCA applies)
- A state or local agency (state tort claims law applies)
Filing with the wrong agency can delay your case or invalidate it.
Step 3: File the Administrative Claim
- Use Standard Form 95 for FTCA cases.
- Use a Notice of Claim for local/state cases like CTCA.
Be clear, concise, and detailed in outlining the incident and your damages.
Step 4: Observe All Filing Deadlines
- FTCA: Two years from the date of injury
- CTCA (California): Six months from the date of injury
Start early — even a slight delay can cost you the right to sue.
Step 5: Hire an Experienced Government Injury Attorney
These cases are not DIY-friendly. A lawyer with experience in government tort liability can:
- Ensure your claim is correctly filed
- Investigate the agency’s liability
- Fight for the maximum settlement or trial award
Case Example: Successful Lawsuit Against a Public School
A 13-year-old boy sustained a traumatic brain injury after a metal beam fell on him at a public school construction site. The school had failed to secure the area, and several previous warnings had gone unheeded.
The family filed a claim under the California Tort Claims Act, and after the district denied liability, they proceeded with a lawsuit. After a lengthy trial, the family was awarded over $3 million to cover medical care, special education, and lifelong disability support.
This case underscores the importance of both timely action and legal representation.
Frequently Asked Questions
Can I sue a government agency for a catastrophic injury?
Yes, you can sue a government agency for a catastrophic injury, but only under certain legal frameworks that waive sovereign immunity. These include laws like the Federal Tort Claims Act (FTCA) for federal agencies and state-specific tort claims acts, such as the California Tort Claims Act (CTCA). Your eligibility to sue depends on the type of government entity involved, the nature of your injury, and whether the agency was acting within the scope of its duties when the injury occurred.
What qualifies as a catastrophic injury in legal terms?
A catastrophic injury is one that has a long-term or permanent effect on a person’s life and ability to function. This includes traumatic brain injuries, spinal cord injuries, severe burns, amputations, and injuries that lead to permanent disfigurement or disability. These injuries often require significant and ongoing medical care, and they can form the basis of a legal claim if caused by another party’s negligence — including a government entity.
How long do I have to file a claim against a government agency?
The time you have to file depends on the level of government involved. For federal claims under the FTCA, you typically have two years from the date of injury to file an administrative claim. For state and local government claims, the timeline is usually shorter. For example, in California, you must file a claim within six months under the CTCA. Missing these deadlines can result in your claim being permanently barred, regardless of its merit.
Is sovereign immunity still a valid defense for government agencies?
Sovereign immunity still exists, but most government entities have waived it in specific circumstances. For example, the federal government allows personal injury lawsuits under the FTCA when a federal employee causes harm through negligence. Similarly, states like California have laws that permit lawsuits against local and state agencies. However, the immunity is only waived if the injured person follows the correct administrative procedures and meets all filing deadlines.
What damages can I recover in a catastrophic injury lawsuit against the government?
If your claim is successful, you may be entitled to compensation for a variety of damages. These can include medical expenses, future care costs, lost wages, diminished earning capacity, pain and suffering, emotional distress, and in some cases, loss of companionship or wrongful death damages. The availability and amount of compensation will depend on the facts of the case, the applicable laws, and whether there are statutory limits or caps on damages for the government entity involved.
Conclusion: You Can Hold Public Agencies Accountable
Catastrophic injuries change lives forever. When the government is responsible, the road to recovery involves not only healing but also navigating a legal system that protects public entities through immunity laws and strict procedural rules.
With the right approach — and the help of a skilled attorney — victims can still seek accountability and the compensation they deserve.
Contact Fulginiti Law Today
If you or a loved one has suffered a catastrophic injury due to the negligence of a government agency, don’t delay. Legal deadlines are short, and the process is complex.
Speak with a qualified personal injury attorney who specializes in government claims. They can guide you through every step, from filing the initial claim to negotiating a settlement or taking the case to trial.
Your future depends on the decisions you make today. Contact Fulginiti Law today and take the first step toward justice and recovery.
