What is the Texas Tort Claims Act?

As a general rule in Texas, governmental agencies and their employees are immune from lawsuits—including local or state hospitals. That is, even if you have been injured by a state or local governmental employee, you are not able to sue them in a court of law for your injuries. The exception to this general rule, however, is found in the Texas Tort Claims Act, or the TTCA.

Under the TTCA, the government’s immunity from lawsuits is waived for injuries caused by a governmental employee’s 1) operation of a vehicle or motor-driven equipment; or 2) use of personal property. If your injuries were caused in this manner, the TTCA may allow you to bring a lawsuit to recover for your injuries against the government. Nevertheless, even if the TTCA provides an avenue for your recovery, the amount of money recoverable from the government is often capped. The cap on damages imposed by the TTCA depends on whether the governmental agency involved is a state, local, or municipal governmental agency, and the type of injures sustained.

In addition to the foregoing limitations on suits against governmental agencies, the TTCA imposes strict procedural requirements to file suit, including pre-suit notice. If your injuries fall within the TTCA’s waiver of governmental immunity, you only have 90-days to provide the appropriate governmental agency with the statutory pre-suit notice. A failure to timely tender this notice can prevent you from filing a lawsuit to recover for your damages.

Given the analysis necessary to determine whether your injuries fit within the TTCA’s waiver of immunity, as well as the procedural requirements for bringing a TTCA claim, it is imperative that you contact an attorney quickly to fully examine your case. Please do not attempt to determine if you have a compensable case. You must consult a relevant liability attorney who has the expertise and extensive knowledge necessary to determine who ultimately caused the harm and injuries you or a loved one suffered.

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