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(314) 500-HURTCan you sue St. Louis City for a personal injury? Personal injury claims against governmental bodies come with their own set of unique challenges and legal barriers, primarily due to a doctrine known as “sovereign immunity.” This doctrine can often seem like a significant hurdle for injured individuals seeking justice. If St. Louis City or its employees hurt you, they should have to pay just like anyone else would, right?
Burger Law is here to tell you that suing a government entity for injuries, including the City of St. Louis, is entirely possible with the right team of St. Louis injury lawyers behind you. In fact, suing a municipality is necessary in many cases to get the full compensation you deserve. If you were injured because of the city’s negligence or the negligence of a city employee, see how much your claim may be worth by using our free personal injury calculator. Then, call Burger Law at (314) 500-HURT or contact us online for a free consultation. We take personal injury cases throughout Missouri and Illinois.
Sovereign immunity is a legal doctrine rooted in the old English Common Law principle, “rex non potest peccare, or, “the king can do no wrong.” This doctrine originally meant that the government couldn’t be sued without its consent. Obviously, we don’t have kings here in the United States and governments around the world have changed quite a but since then. But, our civil laws are still based on English Common Law and sovereign immunity still applies to the federal and most state governments.
Basically, sovereign immunity means you cannot sue the government for an injury unless state laws say otherwise. There are two main reasons sovereign immunity still exists:
In Missouri, the doctrine of sovereign immunity is outlined in state statutes, with certain exceptions and nuances that are crucial for potential claimants to understand.
Missouri Revised Statute §537.600 is the Missouri statute that addresses the state’s sovereign immunity doctrine. The statute establishes that the state of Missouri, as well as its public entities and employees, are generally immune from liability for civil wrongs or torts, including personal injury claims. This means that, by default, one cannot sue the state or its entities for damages in a personal injury case.
However, the statute also lists two main exceptions to this general rule of immunity:
“Public property” includes state highways and roads, and the government can be sued for injuries that happen due to the negligent or dangerous design of a road, as long as the road was designed and constructed after September 12, 1977.
It’s important to note that Missouri Revised Statute §537.600 only applies to the Missouri state government and state employees. However, City of St. Louis Charter Chapter 4.12 outlines the same exceptions for St. Louis City.
If you think there are hazards in your area that St. Louis City needs to be aware of, read about when to call Citizens’ Service Bureau here.
While the two exceptions to sovereign immunity in St. Louis and Missouri may seem limited, they still apply to a wide range of circumstances:
Can you sue the City of St. Louis for negligence? Yes, but the legal basis for such a lawsuit is rooted in an understanding of Missouri’s sovereign immunity laws. As mentioned before, sovereign immunity generally protects government entities, including cities, from lawsuits. Nevertheless, there are key exceptions where this law can be waived, and individuals can hold the city accountable for personal injuries. These exceptions include:
Important: In each case, you will need to prove that the city’s negligence directly led to your injury and that you met all the procedural requirements, including filing a Notice of Claim within the designated timeframe.
In these cases, Missouri law allows individuals to seek compensation for damages like medical bills, lost wages, and pain and suffering. That being said, plaintiffs must navigate strict legal procedures and timelines to successfully sue the city. For more information on sovereign immunity in Missouri, you can review Missouri Revised Statutes, Section 537.600.
How do you determine whether you can file a lawsuit against the city for negligence? You must first establish that your case falls within the legal exceptions to sovereign immunity. To determine if your case is valid, you should evaluate several factors:
You also need to ensure that you are within the time limits set by law, such as filing a Notice of Claim within 90 days of the injury. Consulting with an experienced personal injury attorney is critical for determining whether your claim has a legal basis and whether you are likely to recover compensation. Legal counsel can help you navigate these complex requirements and establish whether your case is actionable.
Here are some important facts about suing the City of St. Louis for negligence:
For more information on how lawsuits against the city have been handled, you can check out this recent case involving St. Louis being sued over its Guaranteed Basic Income program, covered by MSN News.
What do you need to successfully sue the city? You will need to prove four main elements of negligence:
Working with an attorney is crucial for gathering the right evidence, filing the necessary paperwork, and building a strong case.
You can receive compensation for the following damages from the City of St. Louis:
While economic damages like medical bills or lost wages are easier to quantify, non-economic damages, such as pain and suffering or loss of life’s enjoyment, are also part of the compensation for your injury claim. They are subjective and can vary based on the severity of the injury and its impact on your life.
Under Missouri Revised Statute §537.610, there is a damages cap for claims against public entities in Missouri. Those caps increase annually. The Missouri sovereign immunity limits for public entities in 2023 are:
Filing a personal injury claim against the City of St. Louis or State of Missouri involves a distinct set of steps compared to pursuing compensation from a private entity or individual. Normally, you could simply file a claim with the relevant insurance carrier, but claims against government and public entities have special rules.
To make a claim against a government entity in Missouri, you must file a claim with the Office of Administration’s Risk Management Division within 90 days of the accident:
For claims against St. Louis City, file a complaint with the appropriate department. Whether your claim is against the State or City, contact a St. Louis personal injury lawyer as soon as possible to ensure you file your claim correctly and on time.
When you file your claim, it’s important to include all relevant information, including:
It’s fundamental to refrain from taking any responsibility for your injuries, as claims against St. Louis City involve special rules and laws involving municipal codes. Once the Notice of Claim is filed, you may proceed with your lawsuit. It is advisable to work with an experienced law firm like Burger Law to ensure your claim is handled properly and you meet all legal deadlines. Your lawyer will help prepare the case, gather evidence, and file the necessary court documents on your behalf.
Suing a governmental entity like the City of St. Louis for personal injury introduces a unique set of challenges and legal intricacies. While you have the right to seek compensation for your injuries, the special laws and regulations concerning personal injury claims against the City of St. Louis usually require an experienced attorney’s expertise.
If you or a loved one has been injured due to the negligence of the City of St. Louis or its employees, don’t navigate this complicated legal terrain alone. Consult with an experienced St. Louis personal injury attorney who can guide you through every step, ensuring your rights are protected and you receive the compensation you deserve. Call Burger Law now at or contact us online to get started today.
Related article: Immunity of Governmental Entities and Public Employees
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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