Personal Injury

What if my injuries are caused by the government?

By Ted Smith, Attorney · Originally published December 15, 2018. Updated July 16, 2026.

Most personal injury claims have a clear defendant: the other driver, their insurance company, a property owner. When the government caused your injury, that changes. A malfunctioning traffic light maintained by the city, a mistake at a county hospital, a wreck involving a government-owned vehicle, these all put a government entity on the other side of your claim, and government entities do not get sued the same way private individuals do.

Why the government is different

Texas and federal government entities have what is called sovereign immunity. In plain terms, the government cannot be sued for most wrongdoing unless a law specifically allows it. That protection exists by default, and it applies whether the entity involved is a city, a county, a state agency, or a federal one.

The law that opens the door to suing state and local government in Texas is the Texas Tort Claims Act, found in Chapter 101 of the Texas Civil Practice and Remedies Code. It does not remove sovereign immunity entirely. It waives it for specific situations, mainly injuries caused by the operation of a motor vehicle, and certain injuries tied to a condition of government property. If your injury does not fall inside what the statute covers, the claim may not be able to proceed at all, no matter how clearly the government was at fault. That threshold question, whether your case fits inside the Act’s waiver, is usually the first thing to sort out before anything else.

What you can and cannot recover

Where a claim does move forward, recoverable damages may include medical expenses, lost wages, and pain and suffering, but the Texas Tort Claims Act imposes caps. For state government claims, the cap is $250,000 per person and $500,000 per occurrence. Municipalities have caps of $250,000 per person and $500,000 per occurrence, while other local government units generally have caps of $100,000 per person and $300,000 per occurrence. Texas law also does not allow exemplary (punitive) damages against a governmental unit under the Act.

Notice comes before the lawsuit

This is the part people miss most often. Before you can sue a Texas governmental unit under the Tort Claims Act, you generally have to give written notice of the claim within six months of the incident. The notice must reasonably describe the damage or injury, when and where it happened, and the incident itself. The written-notice requirement does not apply when the governmental unit has legally sufficient actual notice. Texas courts require more than awareness that an incident or injury occurred: the government must have subjective awareness of its alleged fault, the injury, and the identity of the parties. A routine incident report may not be enough. Some cities and counties also have shorter charter notice requirements. This is not a step to handle informally with a phone call.

When the government involved is federal

Fort Hood (formerly Fort Cavazos) sits at the center of a lot of daily traffic in this area. The Federal Tort Claims Act covers only certain torts committed by federal employees acting within the scope of their employment. A claimant must first present the claim to the appropriate federal agency and receive a final denial before filing suit. The claim generally must be presented within two years after it accrues, and a lawsuit must be filed within six months after the agency mails its final denial. If a federal agency or employee may be involved, talk with an attorney early about whether the FTCA applies and which deadlines control.

Why this isn’t a do-it-yourself claim

Between the sovereign immunity threshold, the notice deadline, the exclusion of punitive damages, and the difference between state and federal government defendants, a government-injury claim has more moving parts than a standard car accident case. Getting any one of those wrong, especially the notice deadline, can end a claim before it has a real chance to be heard. If your injury may involve a city, county, state agency, or federal entity, it is worth having someone look at the fact pattern before you do anything else.

FAQ

Can I sue the government in Texas if I was hurt in an accident with a government vehicle? It is possible under the Texas Tort Claims Act, which waives immunity for injuries arising from the operation of a motor vehicle by a government employee acting within their job duties. Whether your specific facts qualify is worth confirming with an attorney early.

Is there a deadline to notify the government before I can sue? Yes. The Texas Tort Claims Act generally requires written notice within six months of the incident. The exception for actual notice requires the governmental unit to have subjective awareness of its alleged fault, the injury, and the parties’ identities; knowing only that an incident occurred may not be enough. Some local governments require notice even sooner under their own charters.

Can I recover punitive damages from a government defendant? No. Texas law excludes exemplary (punitive) damages from claims brought against a governmental unit under the Tort Claims Act.

What if my injury involved Fort Hood or another federal facility? The FTCA covers only certain torts by federal employees acting within the scope of employment. It generally requires presenting the claim to the agency within two years and filing suit within six months after the agency mails a final denial. Speak with an attorney about whether that process applies to your situation.

Does the Texas Tort Claims Act cover every kind of government-related injury? No. It only waives immunity for specific categories, most commonly vehicle-related injuries and certain property conditions. Many other types of government conduct remain protected by sovereign immunity.

Sources

• Texas Civil Practice and Remedies Code, Chapter 101 (Tort Claims Act), Texas Constitution and Statutes
• U.S. Department of Justice: Federal Tort Claims Act Forms and Guidance
• 28 U.S.C. Section 2401
• Statutes of Limitations in Civil Lawsuits, Texas Law Help

If you believe a government vehicle, agency, or employee caused your injury, do not wait to find out what deadlines apply. Call or text (254) 690-5688 for a free consultation, or learn more about how we handle personal injury claims in Central Texas.