Car Wreck Lawsuit Against the State of Tennessee

My husband was hurt in a car wreck when a state employee driving a state vehicle ran a stop sign.  I think I read somewhere that the State of Tennessee and its employees can’t be sued.  hat doesn’t seem fair.   

The employee cannot be sued if the injury was caused by negligence and the employee was working for the State at the time of the wreck.  However, the State can be held responsible for the negligence of its employee under these circumstances, but some of the procedures are much different than those applicable to a private business. 

The claim against the State is not filed in court but instead is asserted as a claim through the Tennessee  Claims Commission.  Proper notice of the claim must be given and, if the claim is denied (it usually is) then a formal claim must be filed.  The entire process is administered through the Claims Commission.  The Attorney General’s Office defends the State.

There is no right to have the case decided by a jury.  Instead, a Claims Commissioner decides the case.  Damages for any one person are limited to no more than $300,000, regardless of the severity of the injury.




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