Let’s talk today about a question that I get from quite a few people actually in the group and just generally. And the question is: What and how can the government be held responsible if the government caused a traumatic brain injury?
Now, this comes up in a lot of different areas. I have people asking me all the time about interactions with government officials, like police, or other times. And basically, the question I get is: if somebody working on behalf of the government is responsible for a traumatic brain injury or an injury generally, can the government, whether it’s the federal, state or local government, be held responsible? And the answer depends on something called sovereign immunity. Sovereign immunity is a concept or a rule in the law that says the government cannot be sued like a private citizen or a private corporation. And that is the general rule. Now, there are exceptions to that rule. And the exceptions are pretty limited. And it’s not always the case. In fact, most of the time, it’s very, very difficult to hold the government responsible for somebody’s traumatic injury or a personal injury.
Exceptions To The Rule
Now, some of the exceptions, just briefly, include when a government activity turns into a private activity or basically taking the place of a private company or corporation or in cases where, if you can believe this, the government has agreed to allow itself to be sued for personal injuries. And there are instances where that has occured, where the government has said that a private citizen can sue for traumatic brain injuries or other personal injuries. But those instances are rare and it’s more common that the government is immune from being taken to court for compensation for injuries.
The most important point, I think, is if you have any questions or the government is somehow involved in the cause of your injury or traumatic brain injury, it’s important to find out, if anything, can be done. And so feel free to share with the group questions or comments. And if you want, you can send me a message on Facebook in the group. And if I can’t help you, maybe we can point you in the right direction.
By Chris Brasure
Brasure Law Firm, PLLC was founded by Chris Brasure in 2006. His legal accomplishments are diverse and numerous. He is a fellow with the Texas Bar Foundation, was a delegate in the American Bar Association House of Delegates and holds a BA in political science and speech communication from Baylor University. He then went on to obtain his law degree from Baylor University Law School. Chris believes that education is absolutely critical to one’s success, so his firm now offers The Brasure Law Firm Scholarship to give back to the community and to help students who are seeking to pursue a higher education.