What Is the Texas Tort Claims Act?
The Texas Tort Claims Act (TTCA) is the state law that allows individuals to sue the government in certain limited situations. Normally, under sovereign immunity, the state of Texas and its political subdivisions cannot be sued. The TTCA provides a narrow waiver of that immunity, giving citizens the right to seek compensation when government employees, acting within the scope of their official duties, cause personal injury, death, or property damage.
When Can You File a Claim?
The TTCA only applies in specific circumstances. To bring a claim, the injury or damage must have been caused by a government employee while performing official duties. This means that accidents or actions outside the scope of employment typically do not qualify. Examples of covered claims include:
Car accidents caused by a government employee driving a state vehicle
Injuries caused by unsafe conditions on state property
Damage to property caused by negligence of government personnel
It’s important to note that the TTCA does not allow claims for intentional misconduct or acts that fall completely outside the employee’s official responsibilities. This limitation ensures that the state is only responsible for harms related to its official functions.
Damage Limits and Monetary Caps
Even when a claim is allowed under the TTCA, there are strict caps on the amount of money you can recover. These limits are established by law and vary depending on the type of damage:
Bodily injury or death: Maximum recovery per person and per incident
Property damage: Specific monetary limits for each occurrence
These caps mean that, even if your claim is valid, the total compensation available may be limited. It also emphasizes the importance of assessing your case carefully with an attorney, as pursuing a government claim can be more complex than a typical personal injury case.
Notice and Procedural Requirements
The TTCA requires strict compliance with notice requirements and filing deadlines. Before filing a lawsuit, a claimant must provide written notice to the government entity within a specific period, describing the incident and the damages sought. Missing this notice deadline or failing to follow procedural rules can result in losing the right to recover entirely. This is one reason why pursuing a claim under the TTCA without legal guidance can be risky.
Why the TTCA Matters
The Texas Tort Claims Act strikes a balance between protecting public resources and allowing citizens to hold the government accountable. It ensures that individuals injured by government negligence have a path to seek compensation while limiting the financial exposure of the state. Understanding the scope of coverage, damage caps, and procedural requirements is essential for anyone considering a claim.
If you believe you have a claim against the state or a local government entity under the Texas Tort Claims Act, contact The Kaufman Law Firm today for a free consultation. We can help you understand your rights, determine whether your claim meets the legal requirements, and take the necessary steps to pursue compensation effectively.
