Legal Question in Personal Injury in Texas
car wreck
on oct. 19th we wre in a car accident me my boyfriend were in the backseat his brother and a friend were in the front seat his brother was driving how should we go about sueing the ft. worth police that hit us?
3 Answers from Attorneys
Re: car wreck
Assuming you and your boyfriend were injured, I suggest you hire a PI attorney immediately. Texas law provides a very strict time frame in which certain requirements must be met before you can even sue a government entity, like the police or the City. Getting a judgment/recovery against the government can be very hard because of various procedural hurdles. Time is of the essence. I do not recommend you handle this matter without an attorney.
Re: car wreck
Whether you have a case or not depends upon the facts. Many states, including Texas, protect police officers when they are in "hot pursuit" of a suspect (with certain limited exceptions). Also, police departments in general (like all governmental entities) under the Texas Tort Claims Act are immune from suit except under certain limited circumstances. There will also need to be a determination as to whether your boyfriend's brother (your driver) was negligent in any way in contributing to the accident and, if so, to what degree as compared to the police officer. You will need to speak to an experienced personl injury lawyer to determine whether the facts of your case give you a cause of action. Feel free to call me.
Re: car wreck
You have to give notice to the police within 180 days of your intention to sue and there are special requirements of what you must state in your notice. Often, I have to sue police departments in order to get them to pay $ on claims. Accordingly, you should hire an attorney. If your boyfriend's brother contributed to the accident, then he should get his own attorney. If I can be of further assistance, please contact me. I handle clients thoughout the state of Texas and am board certified in personal injury law.