Can You Sue the Government for Negligence After an Accident in DC or Maryland?

Getting hurt on public property or in a crash involving a government vehicle raises an important question: can the agency be held responsible? These cases follow different rules than standard injury claims, with strict notice requirements, shorter deadlines, and limited time to act. Missing one step can cost you the right to recover anything at all.

At Johnnie Bond Law, we take a hands-on approach. We listen first, explain what applies to your situation, and guide you through each stage of the process. Johnnie’s background in hospital and injury-related work gives him insight into both medical care and legal accountability. Our focus is simple: protect your health, secure proper treatment, and pursue the full compensation the law allows.

Overview of Suing the Government for Negligence

Suing a government agency is very different from suing a private driver, business, or landlord. The reason is sovereign immunity, a doctrine from English common law that shields the government from lawsuits unless it agrees to be sued. That consent comes through laws that open a path for certain claims and close the door for others.

At the federal level, the Federal Tort Claims Act, often called the FTCA, creates a process for claims against the United States when a federal employee causes harm while acting within the scope of work. States and cities have their own waiver laws with similar ideas, but the details vary. These cases come with strict procedures, short timelines, and sometimes limits on the amount you can recover.

The process usually starts with an administrative claim instead of a lawsuit. Deadlines can sneak up fast, so acting early helps preserve your rights. We talk more about those rules below.

Common Accident Types on Government Property

Accidents can happen almost anywhere. When an injury occurs on public land or involves a government employee, certain rules can affect how and when you can recover money. Here are situations we see often.

Slip and Fall Accidents

Slip and fall accidents happen when a person loses balance due to a hazard, such as cracked sidewalks, pooled water, or poorly lit stairs. If a public entity knew or should have known about a hazard and failed to fix it, the agency can be responsible for the harm. Photos, timing, and witness statements matter a lot in these cases.

Accidents Involving Government Vehicles

Crashes with postal trucks, city buses, or other government vehicles are common in DC and Maryland. If an employee caused the collision while on duty, the government entity can be liable. You still need proof of fault, just like any other car wreck.

Workplace Injuries

Federal employees hurt on the job often look to the Federal Employees’ Compensation Act, or FECA, for medical care and wage benefits. FECA is different from a civil lawsuit, and it usually becomes the exclusive remedy for federal workers. The rules for local or state workers’ compensation are separate and depend on the employer.

Exposure to Hazardous Materials

Unsafe storage, poor security, or lax supervision on government property can lead to exposure to chemicals or biohazards. Health effects can include immediate poisoning or long-term illness, which hits children, patients, and workers especially hard. These cases often need careful medical proof linking exposure to the condition.

Each of these scenarios involves proving that the agency or employee failed to act with reasonable care. The next section shows how claims against public entities differ from claims against private parties.

Key Differences in Suing the Government vs. Private Parties

In public property cases, you are usually pursuing damages from a government body, not a private insurer right away. The rules control how you file, who you notify, and when you can go to court. Missing a step can sink an otherwise strong claim.

Shorter Time Limits

Government claims often carry shorter deadlines than standard injury cases. Under the FTCA, you typically start by filing an administrative claim, often using Standard Form 95, with the responsible agency within two years of the incident. The agency has six months to respond, and if it denies the claim, you have six months from the denial date to file suit in federal court.

Limits on Compensation

Some laws place caps on the amount of compensation for public entity claims. Under the FTCA, you can recover for medical bills, lost income, and property damage, plus pain and suffering in many situations, but punitive damages are generally off the table. State and local laws can cap damages or limit certain categories, so the venue matters.

Sovereign Immunity

Sovereign immunity still applies unless a statute waives it for the type of claim you bring. The FTCA waives immunity in many negligence cases, but it contains exceptions. One big one is the Feres Doctrine, which blocks lawsuits for injuries that arise out of or are in the course of military service.

To help you compare the rules at a glance, we put together a quick table below. Use this as a starting point, then get case-specific advice for your situation.

Government Injury Claims at a Glance in DC and Maryland

Jurisdiction Initial Step Deadline to File Notice or Claim Agency Response Window Time to File Suit After Denial Liability Caps
Federal, FTCA Administrative claim, often SF 95 Within 2 years of incident 6 months 6 months from written denial No punitive damages, other limits apply
District of Columbia Written notice to the District Within 6 months of injury Varies by agency Varies, after administrative steps Varies by claim type
Maryland, MTCA Claim to State Treasurer Within 1 year of incident Varies by agency After final agency action or time passes $400,000 per incident
Maryland, LGTCA Notice to local government Within 1 year of injury Varies by locality After notice and applicable steps $400,000 per person, $800,000 per incident

 

Deadlines can change if tolling rules apply, and some facts can move a claim into a different track. We can sort that out with you.

Filing a Claim Against the DC Government

Claims against the District follow strict notice rules and deadlines. You must provide written notice to the District of Columbia within six months of the injury. Missing that window can stop a case even if the facts are strong.

The notice should be in writing and include details that help the District investigate. Make the facts clear and complete.

  • Time and date of the incident.
  • Exact place where it happened.
  • Cause and circumstances of the injury.
  • Your contact information and claimed losses.

Legal fees for claims against the DC government are capped by statute. The cap is 20 percent if the case settles at the claim stage, and 25 percent if a lawsuit is filed. We are up front about costs, so there are no surprises.

Filing a Claim Against the Maryland Government

The Maryland Tort Claims Act, or MTCA, allows lawsuits against state agencies for negligence by employees acting within the scope of duty. To start, you file a claim with the State Treasurer within one year of the incident. The MTCA caps the state’s liability at $400,000 per incident.

Local governments are covered by the Local Government Tort Claims Act, or LGTCA. Under the LGTCA, an employee of a county, city, or other local agency can be sued for negligence, and the local government usually provides the defense and pays any judgment. You must provide notice within one year after injury, and the LGTCA caps liability at $400,000 per person and $800,000 total for a single incident.

State and local procedures are not the same. The state process involves a claim to the Treasurer, while local claims are triggered by formal notice to the local body. We help you hit the right target and meet the right deadline.

Steps to Take After an Accident on Government Property

Your health comes first, and quick action also protects your claim. Here is a simple checklist to follow.

  1. Get medical care right away, even if you feel “okay” at first.
  2. Report the incident to staff or police, and ask for a copy of any incident report.
  3. Take photos and video of hazards, vehicles, and your injuries.
  4. Gather names and contacts for witnesses and employees on the scene.
  5. Keep all bills, receipts, and discharge papers in one folder.
  6. Notify the right agency, such as the DC Mayor’s office or the Maryland State Treasurer.
  7. Stick with your treatment plan until your doctors say otherwise.
  8. Call a lawyer early to protect deadlines and preserve evidence.

Even a few days of delay can make it harder to prove what happened. We can step in fast to help safeguard proof and track the correct notice rules.

Get Guidance on Claims Against Government Agencies

Claims involving government negligence follow strict rules and short deadlines. At Johnnie Bond Law, we take a hands-on approach from the start. Our firm gathers records, secures witness statements, and builds a clear case to prove fault and damages. When agencies push back, we are prepared to negotiate firmly or take the case to court.

If you were injured and a government entity may be responsible, timely action matters. Call (202) 683-6803 or reach out through our Contact Us page to discuss what happened. We will explain your options, protect critical deadlines, and work toward the strongest outcome allowed by law.