If you've been hurt because of the carelessness of a government agency or employee in Kentucky, you're not alone in wondering what to do next. Most people know they can file a personal injury claim when harmed by another person or business. But when the injury involves a public entity like a city department, county office, or state agency, the rules change.
Public entities in Kentucky benefit from something called "sovereign immunity," a legal rule that protects the government from lawsuits in many situations. However, Kentucky law does allow exceptions that make it possible to hold these public bodies accountable under certain conditions. The process is more complex than a typical personal injury case, and strict deadlines must be followed.
We explain how personal injury claims against public entities work in Kentucky in the article below, as well as cover what sovereign immunity means, when it can be challenged, how to file a claim, and why having an experienced personal injury attorney matters.
Understanding Sovereign Immunity in Kentucky
What Is Sovereign Immunity?
Sovereign immunity is a legal principle that generally shields government agencies and employees from being sued. In Kentucky, this applies to the state and its subdivisions, including counties, cities, and public schools. However, immunity isn't always absolute.
When Immunity Doesn't Apply
Kentucky law outlines exceptions to sovereign immunity. For example, if a government agency is running a business-like operation—such as a public utility or recreational facility—it may not be protected. Similarly, if a government employee fails to carry out a clearly defined duty, like repairing a dangerous road hazard, they may be held liable for resulting injuries. Some legal statutes, including provisions under the Kentucky Claims Commission, allow individuals to seek compensation from the state in very specific situations. These laws can be hard to interpret, and the details often make or break a case.
Filing a Claim Through the Kentucky Claims Commission
What Is It?
The Kentucky Claims Commission is a special body that handles personal injury claims against state agencies. If you're hurt by the actions of a state employee acting in their official role, this is where your case likely begins.
How to File
Before you can bring a lawsuit against the state in court, your claim must first go through the Commission. You have one year from the date of the incident to file. Compensation is limited: no more than $250,000 for any individual claim, and no more than $400,000 total if multiple people are involved. Punitive damages—meant to punish egregious misconduct—are not awarded here, even in extreme cases. It’s important to understand that this process only applies to state-level entities. Cities and counties follow different procedures.
Claims Against Local Governments
Counties and Cities
When it comes to cities and counties, the situation is more nuanced. Generally, these entities are immune from lawsuits unless they’re acting in a role that could be handled by a private company. For example, if a city hosts an event at a rented facility and someone is injured due to poor maintenance, that might be considered a proprietary function, opening the door to a personal injury claim. Similarly, if a county road crew causes a crash while working on a public street, the immunity protection might not apply. Each case must be examined closely to determine what type of activity was taking place.
Public Schools and Colleges
Public educational institutions are also government entities, meaning they typically have immunity. But this doesn’t mean they’re immune in all situations. If a child is injured on school grounds due to unsafe playground equipment or a maintenance failure, it might be possible to file a claim. The difference often lies in whether the act involved a judgment call (discretionary) or a basic duty (ministerial). Legal interpretation here can be subtle, so it’s wise to consult with an attorney.
How These Cases Differ From Typical Injury Claims
Faster Timelines
Standard personal injury cases in Kentucky have a one-year deadline. But government-related claims often come with extra procedural hurdles, like notice requirements. If you miss one of these steps or deadlines, your case might be dismissed before it ever gets heard.
Government Employee Protection
Most government workers can’t be sued individually unless their actions were reckless or they ignored a clear duty. In some cases, you might be able to include an individual employee in your claim, but usually, the government body itself is the main defendant.
Capped Damages
Even when your claim is successful, the amount you can recover is often limited. That’s why these cases require a strong strategy and thorough documentation—your recovery may need to cover medical bills, lost wages, and more, all within a fixed cap.
Real-World Injury Situations Involving Public Entities
Let’s consider a few examples to bring this into focus. Suppose a city sanitation truck crashes into your parked vehicle, or a child gets hurt at a public school due to broken playground equipment. Maybe you tripped on a cracked sidewalk in front of a municipal building, or suffered an injury on public transportation due to poor maintenance. Even an assault in a poorly lit city park might open the door to legal action if it can be shown the city neglected basic safety measures. Each of these scenarios would need to be carefully examined to see whether sovereign immunity applies and if legal action is possible.
Why You Should Work with a Personal Injury Lawyer
Government-related claims involve layers of complexity. There are procedural rules that don’t exist in typical injury lawsuits, and the smallest mistake can cause your case to be dismissed. A skilled personal injury lawyer does more than just file paperwork. They help you understand whether your claim is viable, determine the proper party to sue, ensure that all deadlines and legal requirements are met, and build a strong case with supporting evidence.
In many of these cases, gathering things like witness statements, inspection reports, and medical documentation quickly can make all the difference. You also want someone who knows the local and state rules well enough to guide you through the maze of government procedures and legal defenses.
Call Brandon J. Broderick For Legal Help
If you were hurt due to negligence by a government agency or public employee in Kentucky, Brandon J. Broderick, Attorney at Law, is here to help. Our team knows the ins and outs of handling personal injury claims involving public entities, and we’re committed to helping you secure fair compensation.
Whether you're unsure how sovereign immunity might affect your case or you're ready to file a claim, we can guide you every step of the way. Contact us today for a free consultation and let our experience work for you.