What to Do When Injured by the Actions of the State?
Posted by
Christina MedlinAugust 10, 2007 9:35 AMTags:
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You are injured by the actions of a state agency, (i.e., Department of Transportation, the Department of Health and Human Services etc.), what happens next?
In NC, you will have to pursue your claim under the NC Tort Claims Act (NC Gen Stat. 143-291). Under the NC Tort Claims Act, you do not get a trial by jury; rather the NC Industrial Commission hears your claim. The Commission determines if your injuries stem from the negligence of an officer, employee, or agent of the state while acting in the scope of their employment, service, or agency. An injured party has 3 years to bring their claim before the Commission, however if the injury results in death, the personal representative of the decedent must file the wrongful death claim within two years. The last fundamental tenet of the Stat Tort Claims Act is the cap on the amount of recovery allowed for an injured person. If the Governor signs HB 22, an injured person's amount of recovery is limited to $1 million regardless of the severity of the injuries and regardless if the injuries resulted in death. Until this last legislative session which ended the first week of August, the amount of recovery was capped at $500,000.
Here a few examples of the NC Tort Claims Act in action:
Vaughn v. Dept. of Human Resources, (1979) -Industrial Commission had jurisdiction to determine whether County Director of Social Services and his staff were negligent in placement of child in foster home.
Wrape v. Highway Commission, (1965) -Industrial Commission had jurisdiction to whether the Director of Highways and Chief Engineer were negligent in planning and designing relocation of highway.
Phillips v. Dept. of Transportation, (1986) -Industrial Commission had jurisdiction to whether DOT employees were negligent in failing to maintain highway shoulder or correct dangerous condition.