We investigate, file appropriate notice of claims, and litigate property and personal injury claims against state, county, and municipal government entities. This includes the preservation of claims where notice given by the insurer did not comply with statutory requirements and either waiver and estoppel arguments must be made, or substantial compliance must be argued. “Governmental immunity” concerns itself with the various legal doctrines or statutes that provide municipalities, local government entities, and political subdivisions immunity from tort-based claims, as well as exceptions from and limitations to that immunity. Generally, a state government is immune from tort suits by individuals under the doctrine of sovereign immunity. Local governments, municipalities (cities), counties, towns, and other political subdivisions of the state, however, are immune from tort suits by virtue of governmental immunity. This is because the state grants them immunity, usually in the state’s Constitution. These immunity laws are fraught with timelines and limitations periods as short as 30 days; which mean that unless you engage subrogation counsel immediately, you may lose any subrogation opportunities.
It should also be noted that governments sometimes treat litigation as though money grows on trees; resisting even the clearest cases of liability and taking everything to trial. They do it for effect and intimidation. At MWL we understand that our job is not only to put the governmental liability wheels in motion as soon as possible, but also to make the governing body involved understand that resisting will cost must more than settling. It’s a lesson hard learned. Allow MWL to review your subrogation actions against government entities and provide you with our thoughts and assessment. There is never a charge for this.