Public Entity & Government Claims in Corpus Christi: Seeking Justice When the Government Causes Harm

When you are injured due to negligence, you expect to hold the responsible party accountable. But what happens when that party is the government? Whether you were injured in a car accident caused by a city vehicle on South Padre Island Drive, slipped and fell on a broken sidewalk maintained by the City of Corpus Christi, or were harmed by a dangerous condition on public property, pursuing a claim against a government entity is different from a claim against a private party. Special rules apply. Strict deadlines govern. And the government has immunity that must be waived. In Corpus Christi and throughout the Coastal Belt, public entity claims require attorneys who understand the Texas Tort Claims Act, the deadlines, and the procedures for holding government agencies accountable.

At Barton & Associates, Attorneys at Law, we represent individuals and families throughout Corpus Christi and the Coastal Belt who have been injured due to the negligence of government entities. Whether your injury was caused by a city, county, state, or federal agency, we provide the knowledgeable, aggressive representation you need to seek justice and recover the compensation you deserve. With extensive experience in public entity claims, we guide our clients through every stage of the complex claims process.

Understanding Government Immunity

Government entities are generally immune from lawsuits. This is called sovereign immunity. However, Texas law waives immunity in certain circumstances through the Texas Tort Claims Act (TTCA).

What Is Sovereign Immunity?

Sovereign immunity is the legal doctrine that protects the government from being sued without its consent. This immunity applies to both state and local governments.

What Is the Texas Tort Claims Act?

The Texas Tort Claims Act (TTCA) is the state law that waives governmental immunity for certain types of claims. Under the TTCA, the government can be sued for:

• Personal injury or death caused by a government employee’s negligence in the operation of a motor vehicle

• Personal injury or death caused by a condition or use of tangible personal property

• Personal injury or death caused by a premises defect on government property

What Claims Are Not Covered?

The TTCA does NOT waive immunity for:

• Claims based on intentional torts (assault, battery, false imprisonment)

• Claims based on discretionary functions

• Claims arising from the failure to provide police or fire protection

• Claims for damages from natural disasters

Types of Government Entities

Municipalities (Cities)

The City of Corpus Christi can be sued for:

• Motor vehicle accidents involving city vehicles

• Dangerous conditions on city property (parks, sidewalks, streets)

• Negligence of city employees

• Utility failures

Examples:

• A collision with a Corpus Christi Police Department vehicle

• A slip and fall at a city park on Ocean Drive

• A dangerous intersection maintained by the city

• A water main break causing property damage

Counties

Nueces County can be sued for:

• Motor vehicle accidents involving county vehicles

• Dangerous conditions on county property

• Negligence of county employees

Examples:

• An accident with a Nueces County Sheriff’s Office vehicle

• A dangerous condition at the county courthouse

• Negligent maintenance of county roads

School Districts

School districts can be sued for:

• Motor vehicle accidents involving school buses

• Dangerous conditions on school property

• Negligence of school employees

Examples:

• A school bus accident

• A slip and fall at a school

• Negligent supervision leading to injury

State Agencies

State agencies, including TxDOT, can be sued for:

• Dangerous highway conditions

• Motor vehicle accidents involving state vehicles

• Negligence of state employees

Examples:

• A dangerous condition on a state highway

• An accident with a TxDOT vehicle

• Negligent highway design

Federal Government

Claims against the federal government are governed by the Federal Tort Claims Act (FTCA). These claims have their own procedures and deadlines.

Examples:

• Negligence at federal facilities (military bases, post offices)

• Medical malpractice at VA hospitals

• Accidents involving federal vehicles

The Texas Tort Claims Act Claims Process

Claims against Texas government entities follow a specific process:

Step 1: Notice of Claim

You must provide written notice of your claim to the government entity within a strict deadline. For most entities, notice must be given within 6 months of the incident.

What the Notice Must Include:

• Your name and address

• The date, time, and place of the incident

• The nature of your injury

• The amount of damages claimed

Deadlines:

• City of Corpus Christi: 6 months

• Nueces County: 6 months

• School districts: 6 months

• State agencies: 6 months (or 2 years for some claims)

Failure to provide timely notice can result in your claim being barred.

Step 2: Investigation

The government entity investigates your claim. They may request additional information or medical records.

Step 3: Claim Decision

The government entity has a specified time to accept or deny your claim. If they deny the claim or fail to respond within the required time, you may file a lawsuit.

Step 4: Lawsuit

If your claim is denied, you must file a lawsuit within the applicable statute of limitations.

Statute of Limitations:

• For most TTCA claims: 2 years from the date of injury

• For claims against the City of Corpus Christi: 2 years from the date of injury (after notice)

Federal Tort Claims Act (FTCA)

Claims against the federal government follow different rules:

Step 1: Administrative Claim

You must file an administrative claim with the appropriate federal agency within 2 years of the incident.

Step 2: Agency Decision

The agency has 6 months to respond. If the agency denies the claim or fails to respond within 6 months, you may file a lawsuit.

Step 3: Lawsuit

You must file your lawsuit within 6 months of the agency’s denial.

Damages in Government Claims

The TTCA caps damages in certain cases:

Economic Damages

• Medical expenses

• Lost wages

• Property damage

These are not capped.

Noneconomic Damages

• Pain and suffering

• Emotional distress

• Loss of companionship

These are capped under the TTCA.

Punitive Damages

Punitive damages are not available against government entities.

Common Government Liability Cases in Corpus Christi

Roadway and Highway Accidents

• Dangerous intersections

• Poor road maintenance

• Missing or inadequate signage

• Defective traffic signals

Examples:

• An accident caused by a malfunctioning traffic light on Staples Street

• A crash caused by a pothole on SPID

• An accident at a poorly designed intersection

School District Liability

• School bus accidents

• Playground injuries

• Negligent supervision

• Sports injuries

Examples:

• A child injured on unsafe playground equipment

• A school bus collision

• An injury caused by inadequate supervision

Park and Recreational Facility Accidents

• Unsafe playground equipment

• Inadequate lighting

• Dangerous conditions

• Lack of supervision

Examples:

• An injury at Cole Park

• A slip and fall at a city pool

• An accident at a sports complex

Public Transportation

• City bus accidents

• Transit system injuries

• Paratransit accidents

Police and Emergency Vehicle Accidents

• Collisions with police vehicles

• Emergency vehicle accidents

• Pursuit-related crashes

Utility Failures

• Water main breaks

• Sewer system failures

• Electrical issues

Frequently Asked Questions About Public Entity & Government Claims

What is the Texas Tort Claims Act?

The Texas Tort Claims Act is the state law that waives governmental immunity for certain types of claims, allowing individuals to sue government entities for negligence.

How long do I have to file a claim against a government entity?

You must provide written notice to the government entity within 6 months of the incident. You have 2 years from the date of injury to file a lawsuit.

What damages can I recover?

You may recover medical expenses, lost wages, and pain and suffering, but noneconomic damages are capped under the TTCA.

What if I missed the notice deadline?

Missing the notice deadline can bar your claim. However, there are limited exceptions. An attorney can advise you on your options.

Can I sue the police for excessive force?

Claims for intentional torts like excessive force are not covered by the TTCA. However, you may have claims under federal civil rights law (Section 1983).

What is the difference between the TTCA and the FTCA?

The TTCA applies to Texas state and local government entities. The FTCA applies to the federal government.

How long does a government claim take?

Government claims often take longer than private claims due to the notice requirements and administrative processes. Cases can take months or years to resolve.

Do I need an attorney for a government claim?

Yes. Government claims have strict deadlines, specific notice requirements, and complex legal issues. An experienced attorney can help you navigate the process and maximize your recovery.

Can I sue the school district if my child was injured at school?

Yes. You may have a claim against the school district for negligent supervision, unsafe conditions, or other negligence.

How much does it cost to hire an attorney for a government claim?

Most government claim attorneys work on a contingency fee basis—you pay nothing upfront, and the attorney is paid a percentage of any recovery.

Why Barton & Associates Is the Right Choice for Your Government Claim

Government claims require attorneys who understand the strict deadlines, specific notice requirements, and unique legal issues that apply when suing the government. At Barton & Associates, Attorneys at Law, we have extensive experience representing individuals injured by government negligence in Corpus Christi and throughout the Coastal Belt.

Our attorneys understand the intricacies of the Texas Tort Claims Act, the notice deadlines, and the procedures for filing claims against cities, counties, school districts, and state agencies. We work closely with our clients to meet all deadlines, gather evidence, and build a compelling case for full compensation.

We also understand that government claims require swift action. The notice deadlines are strict, and evidence can be lost. Our attorneys act quickly to protect your rights and preserve your claims.

Seek Justice for Government Negligence Today

If you have been injured due to the negligence of a government entity in Corpus Christi, you have the right to seek justice. Do not wait. The notice deadlines are strict, and evidence can be lost.

Contact the experienced personal injury attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you hold the government accountable and recover the compensation you deserve.

Main Category: Personal Injury Corpus Christi
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780