What Is Sovereign Immunity?

Sovereign immunity is a legal principle that protects government entities from being sued without their consent. In Texas, this principle is enshrined in the Texas Tort Claims Act (TTCA). The TTCA establishes the circumstances under which a government entity can be held liable for damages caused by their employees' negligence or wrongful acts.

Under the TTCA, the government entity must waive its immunity, either expressly or implicitly, for a lawsuit to proceed. There are several exceptions to sovereign immunity, including cases involving motor vehicle accidents, premises liability, and personal injury or death caused by the government entity's use of tangible personal property.

Additionally, the TTCA imposes a cap on the amount of damages that can be recovered from a government entity. The cap varies depending on the type of claim and the severity of the injuries. For example, the cap for claims involving personal injury or death is $250,000 per person and $500,000 per incident.

It is also important to note that the TTCA has strict notice requirements that must be followed before filing a lawsuit against a government entity. Specifically, the plaintiff must provide written notice of their claim to the government entity within six months of the incident.

In summary, sovereign immunity in Texas provides protection for government entities from being sued without their consent. However, the Texas Tort Claims Act establishes exceptions to sovereign immunity, such as in cases of personal injury, premises liability, and motor vehicle accidents. Additionally, there are caps on the amount of damages that can be recovered, and strict notice requirements must be followed before filing a lawsuit against a government entity.

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Many personal injury lawsuits fall within the exceptions to sovereign immunity, and The Bryant Law Firm has the experience you need to bring a successful suit against a government entity that may have caused an injury to you or someone you love. Contact us for a free consultation to discuss your case today.

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