Can You Sue The Government? (March 2025)

Can You Sue the U.S. Government?

Citizens can sue the United States government — but they haven’t always been able to. For a significant portion of U.S. history, the government enjoyed sovereign immunity. This meant that if a citizen had been wronged by the government, they generally could not sue.

That changed with the Federal Tort Claims Act (FTCA) of 1946. This law allows citizens to file lawsuits and recover compensation if they can prove the government was negligent.

Can you sue the government at the state level? Many states have their own versions of the FTCA. If you are considering suing your state’s government, you should look into its laws and discuss the issue with a personal injury lawyer.

As governments go, town and local entities generally have far fewer immunity protections than federal or state governments. Broadly speaking, it’s much easier to sue a local government and win than it is to win a lawsuit against the state or federal government.

Possible Reasons to Sue the Government

Many people’s reasons for suing the government are similar to their reasons for suing private citizens. These are some situations where filing a lawsuit against the government may be appropriate:

• Filing a claim against a municipal water company after suffering serious illness from contaminated water
• Seeking compensation for medical expenses after a slip and fall at a courthouse
• Filing lawsuits after accidents caused by police officers on duty
• Seeking compensation after being harmed by medical malpractice at a military hospital

It’s important to note that unless you have a legal background, it can be difficult to determine whether you have a strong case against the government. Before assuming you can or cannot file a successful lawsuit, you should consult an attorney.

What Do You Need to Prove in a Government Lawsuit?

Just like any negligence-based lawsuit, you will need to prove the elements of negligence if you intend to sue the government.

1. The Government Owed You a Duty of Care

A “duty of care” is an obligation to act in a way that reduces or avoids the risk of harm to others. For example, all drivers on the road owe each other a duty of care to obey traffic laws and remain alert.

2. It Breached That Duty

When someone breaches their duty of care, they have failed to take reasonable steps to reduce the risk of harm. If a state police officer speeds through a red light and hits you, your lawyer could argue that they breached their duty of care by both speeding and failing to obey traffic signals.

3. The Breach of Duty Caused Your Injuries

To win a personal injury lawsuit against the government (or anyone else), you must prove that the at-fault party’s actions were the direct cause of your injuries. If the police officer mentioned above caused a car accident that resulted in skull fractures and other major harm, it’s clear that those injuries were a direct result of their breach of duty.

4. As a Result, You Have Damages to Collect

To win a lawsuit, you also must prove you suffered losses that require compensation. If you were injured in a car accident, you likely have medical bills and lost wages you’re entitled to recover.

Why Suing the Government Can Be Difficult

Filing a lawsuit against the government is one thing. Winning that lawsuit is quite another. For a variety of reasons, including the following, winning a lawsuit against a government entity can be significantly harder than winning one against an ordinary person or business:

The Government Has Significant Resources

Going up against the government in court is substantially different from your typical lawsuit. Governments have access to far greater resources than the average defendant, and those resources include teams of experienced attorneys and considerable funding.

Keep in mind that governments are also adept at handling lawsuits against them, and they have an extra incentive to make sure they win. If one person’s lawsuit against a particular government entity is successful, that entity may find itself facing even more lawsuits in the near future.

The Burden of Proof Is on You and Your Legal Team

This is true in any civil lawsuit. If you can show the court that the government was negligent, you may be able to win your case. However, if there are any weaknesses in the argument, attorneys for the government will likely zero in on them.

Procedures Can Be Challenging to Navigate

Like many processes involving the government, filing a lawsuit against it can be incredibly complex. If you make even a small mistake when filing, there’s a chance your case may be thrown out.

Despite these challenges, some lawsuits against the government are still successful. The right lawyer can help you determine whether filing a lawsuit is likely to result in a positive outcome.

Why You Need an Attorney

So can you sue the government? Yes, you can. But is suing the government your best course of action? Only an attorney can answer that question conclusively. If you’re considering a government lawsuit, you don’t need just any personal injury attorney — you need someone with an in-depth knowledge of government lawsuits.

Not sure how to find the right lawyer? Let us help. The ConsumerShield team is committed to helping people like you find the legal representation they need. We’ll review your situation and match you to local attorneys who meet your needs. Fill out our contact form to get started with a free case review today!