Friday, 16 of November of 2018

State Sovereign Immunity Claimed as Defense in Wrongful Death Case

In the United States, federal, state and local governments and their employees have certain protections against civil lawsuits if they were doing their job as government agents.

By Kevin Duffan, Wrongful Death Attorney

A Virginia (VA) mother who lost her teenaged son to suicide after he suffered months of bullying at school has filed a wrongful death lawsuit against the York County School System for $10 million. When she discovered that school administrators knew about the emotional abuse her child was enduring but did nothing to help the boy or get the bullies to stop, Alise Williams sued school officials.

Defense attorneys are arguing that the school administrators and the county have sovereign immunity and can’t be sued. But what is sovereign immunity, and how can it affect your Virginia wrongful death case?

In the United States, federal, state and local governments and their employees have certain protections against civil lawsuits if they were doing their job as government agents. On the federal level, a person cannot sue the government unless the government agrees to be sued or waives its right to immunity. For example, you can sue the federal government if a federal employee causes damage or if the lawsuit comes under the terms a contract to which the government is a party. In addition, you can sue the state or federal government for discrimination.

To learn more about wrongful death lawsuits, check out the following articles:

Virginia Wrongful Death Lawsuits and Sovereign Immunity

What Are the Four Elements of a Wrongful Death Claim?

Damages Allowed in a Virginia (VA) Wrongful Death Case

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling wrongful death claims. Check out our case results to see for yourself. We have offices in Virginia Beach, Virginia (VA) and Elizabeth City, North Carolina (NC). Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach-Chesapeake-Suffolk Injuryboard, Norfolk-Portsmouth-Hampton Injuryboard, and Greenville-Outer Banks-Rocky Mount Injuryboard as pro bono public information services. If you are thinking about taking legal action against the at-fault person or company that caused the death of your loved one, call our office at (800) 752-0042 for a free, confidential consultation. If you cannot get through due to high call volume, be sure to leave a voice mail and we will promptly return your call.


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