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CalAttorney2
CalAttorney2, Attorney
Category: Legal
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Experience:  Civil litigation attorney for individuals and businesses.
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Can I county that has immunity

Customer Question

can I county that has immunity
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Yes, local governments do enjoy sovereign immunity. However, the Tort Claims Act does permit injured parties to sue these entities for injuries.

You may want to follow up with the attorney again to confirm what his concerns were regarding your case, but filing suit against government entities is not the same as suing a private individual or company.

Most civil claims against a government entity (such as claims for personal injury) have a very short statute of limitations (shorter than you would for a general civil claim), and you must first file an administrative complaint. This falls under the "Tort Claims Act"

See this Virginia State Bar Association Article on this specific topic: http://www.vsb.org/docs/valawyermagazine/apr00anthony_mcmahon.pdf

But do follow up with the attorney that you were working with, they will have the ability to more fully answer your question on the particulars of what concerns they have regarding your case, and provide you with more specific guidance.

Customer: replied 1 year ago.
The suit is fall in Fairfax County Court he told me he will get in trouble if he go on with the case.
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

You need to ask the attorney why.

The details of the basis for the attorney's decision are critical - as I noted above there is such a thing as sovereign immunity, the "Tort Claims Act" permits you to bring a case against a county, but you must follow specific procedural steps - if you failed to follow those steps (even because you just didn't know to do so), then your claim is barred.

But please ask the attorney for more detail, they should share that with you. Send your attorney a letter or an email asking for more information regarding why they believe the claim is barred.

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