Trial Attorney Blog
When a loved one dies due to someone else’s negligence, families often pursue justice through a wrongful death claim.
But what happens when the responsible party is not a private individual or business—but the government itself?
Many families are surprised to learn that filing a wrongful death claim against a government agency is possible, but the process is far more complex than filing against a private party.
Government entities—whether federal, state, or local—are typically protected by a legal concept called sovereign immunity, which shields them from lawsuits.
However, both federal and state laws include exceptions that allow families to pursue compensation under specific conditions.
This is where the experience of a trusted Wrongful Death Lawyer becomes invaluable.
This detailed guide breaks down your rights, the legal challenges, and what steps to take if you believe government negligence caused your loved one’s death.
Understanding Sovereign Immunity
Sovereign immunity is a legal doctrine that originally meant “the king can do no wrong.”
Today, it protects government agencies and employees from most lawsuits.
However, federal and state governments have passed laws waiving immunity in certain situations—meaning you can sue, but only under strict rules.
Key Examples Where Government Wrongful Death May Occur
- Death caused by negligent federal employees
- Fatal accidents involving government-owned vehicles
- Medical negligence at federal hospitals (e.g., VA hospitals)
- Unsafe roadways or defective public infrastructure
- Failure of government agencies to properly supervise or protect
- Police misconduct or wrongful actions by law enforcement
- Negligence by public schools or state hospitals
In these cases, your first step is consulting a qualified Wrongful Death Lawyer near me who understands the legal maze surrounding government liability.
Filing a Wrongful Death Claim Against the Federal Government
Claims against federal agencies fall under the Federal Tort Claims Act (FTCA).
This law allows citizens to seek damages when a federal employee acts negligently within the scope of their employment.
Key rules under the FTCA:
- Strict Notice Requirements
- Before you can file a lawsuit, you must submit an administrative claim (Form 95) within two years of the death.
- Limited Types of Claims
- The FTCA applies only to negligence—not intentional misconduct.
- Exclusions Exist
- Certain federal activities (such as military combat or discretionary decisions) cannot be challenged, no matter the outcome.
- No Punitive Damages
- Families may recover economic and non-economic damages, but punitive damages are barred.
If the death occurred in a VA hospital, federally run medical clinic, or while under the care of a government-employed doctor, your case might overlap with medical negligence.
In that situation, a highly trained Medical Malpractice lawyer is essential to help navigate dual negligence issues.
Wrongful Death Claims Against State or Local Governments
Each state—including Georgia—has its own laws governing when and how the state can be sued.
In Georgia, the Georgia Tort Claims Act (GTCA) outlines the rules.
Key Georgia Requirements:
- You must file an ante litem notice within 12 months of your loved one’s death.
- The government has 60–90 days to respond.
- Only then can you file a lawsuit.
- Claims are limited to negligence—not intentional wrongdoing.
Failure to follow these steps exactly can result in immediate dismissal of your case, even if the government was clearly at fault.
This is why families rely on an experienced Wrongful Death Lawyer to manage deadlines, gather evidence, and challenge government defenses.
Common Situations Where Georgia Families Sue Government Entities
1. Fatal Accidents Involving Government Vehicles
If a government employee driving an official vehicle causes a fatal crash, the agency may be held responsible.
Examples include:
- Police vehicles
- Fire trucks
- School buses
- City maintenance trucks
- Postal service vehicles
In these cases, proving negligence—speeding, reckless driving, or failure to follow safety protocols—is crucial.
2. Medical Negligence in Government-Operated Hospitals
A death caused by poor treatment, misdiagnosis, surgical errors, or medication mistakes at a government-run hospital can form the basis of a wrongful death claim.
This is where the expertise of a Medical Malpractice Lawyer Duluth or other specialized malpractice attorneys becomes essential.
Government medical malpractice claims also have strict filing rules and limited damages.
3. Unsafe Public Roads or Infrastructure
If poor road design, missing guardrails, broken traffic signals, or neglected road conditions cause a fatality, the government entity responsible for maintenance can be sued.
However, design immunity and discretionary-function defenses can complicate these claims.
A strong Wrongful Death Lawyer near me can determine whether negligence played a role and whether immunity applies.
4. Negligent Supervision or Failure to Protect
Government agencies may be liable when failure to supervise results in tragedy. Examples include:
- Fatal incidents in public schools
- Deaths in state mental health facilities
- Foster care fatalities
- Jail or prison deaths
These cases often involve violations of federal civil rights laws as well.
5. Police Misconduct or Excessive Force
Families may pursue wrongful death actions if a loved one dies due to police negligence or improper use of force.
Claims may be filed under:
- The Georgia Tort Claims Act
- Federal civil rights laws (Section 1983)
These cases require substantial expertise and careful legal strategy.
Why Wrongful Death Claims Against the Government Are So Complicated
Suing the government is not like suing a private individual or business.
Challenges include:
1. Shorter Deadlines
Deadlines are typically much shorter than standard wrongful death statutes.
2. Immunity Defenses
The government often invokes immunity, meaning your lawyer must show the case falls under an exception to immunity protections.
3. Federal vs. State Rules
Many cases involve overlapping laws, such as the FTCA, GTCA, and civil rights statutes.
4. Restricted Damages
Punitive damages are usually not allowed. Damage caps may apply.
5. Administrative Claim Requirements
Before filing suit, families must submit detailed administrative claims—often requiring legal and factual proof.
Trying to navigate all these challenges without professional guidance can easily result in losing your right to compensation.
How a Wrongful Death Lawyer Helps Your Case
Working with a skilled attorney ensures:
- Proper filing of ante litem or FTCA administrative claims
- Compliance with strict deadlines
- Accurate damage calculations
- Collection of evidence and expert testimony
- Navigation of immunity laws
- Protection against government legal tactics
- Representation in negotiations and court proceedings
Whether the case involves government negligence, vehicle accidents, or medical errors, your attorney also ensures integration of resources from related specialties—such as a Medical Malpractice lawyer or attorneys experienced with government liability.
Types of Compensation Families May Recover
Even though damages may be restricted, families can still pursue compensation for:
- Lost financial support
- Lost companionship, care, and guidance
- Funeral and burial expenses
- Medical expenses prior to death
- Pain and suffering (in certain cases)
A knowledgeable Wrongful Death Lawyer will help quantify these losses to maximize recovery.
When Government Medical Negligence Is Involved
Deaths that occur in federally funded medical facilities (including VA hospitals) or state-run healthcare institutions often involve combined theories of medical malpractice and governmental negligence.
In such cases, a specialized attorney—such as a Medical Malpractice Lawyer Duluth—plays a vital role in coordinating medical expert testimony and proving breaches in the standard of care.
Families may also pursue claims under the FTCA or state medical negligence statutes, depending on the facility.
When to Contact a Lawyer
If you suspect government negligence caused a loved one’s death, speak with a lawyer immediately.
Missing a single deadline or misfiling an administrative claim can bar your case forever.
Search for:
- Wrongful Death Lawyer near me
- Medical Malpractice near me
and schedule a consultation with attorneys who understand federal and state government liability.
About Us: Finch McCranie LLP
Finch McCranie LLP is a trial practice firm with a long history of success.
Founded in 1965 by Baxter Finch and Claude Ross, the firm quickly established itself among the best plaintiffs’ personal injury firms in Georgia, with numerous landmark plaintiffs’ verdicts.
In the 60s and 70s, Baxter and Claude traveled throughout the state, trying cases regularly and building a reputation as one of Georgia’s premier plaintiffs’ firms.
Today, the firm continues that legacy—providing families with experienced, aggressive, and compassionate representation when they need it most.