Government agencies generally cannot be sued unless a specific law waives their immunity for that type of claim — this is the doctrine of sovereign immunity. Federal agencies are commonly sued under statutes like the Federal Tort Claims Act for certain torts, or other specific statutes for particular types of disputes, such as constitutional claims or agency actions reviewed under administrative law.

State and local agencies are usually governed by that state's own tort claims act or similar statute, which defines what kinds of claims are allowed, what damages are capped or excluded, and what procedures must be followed. Because these waivers of immunity are narrow and specific, the first step in any case against a government agency is identifying which, if any, statute allows the claim at all.

Most claims against government agencies require filing a formal administrative notice of claim before a lawsuit can be filed, giving the agency the opportunity to investigate, settle, or deny the claim first. This step is often mandatory, not optional — filing suit without first exhausting the administrative process can result in the case being dismissed regardless of its underlying merits.

The notice typically must include specific information — the nature of the claim, the date and location of the incident, and the amount of damages sought — and must be filed within a short window that is often much shorter than the general statute of limitations for a similar claim against a private party.

Federal claims typically proceed in federal court and are governed by federal statutes and procedural rules specific to suits against the United States. State agency claims proceed under that state's tort claims act and are typically filed in state court, though some claims can also raise federal constitutional issues that bring them into federal court as well.

Local government agencies — cities, counties, school districts, and similar bodies — often have their own separate notice requirements and immunity rules, sometimes distinct from the broader state agency framework, so identifying exactly which government entity is involved matters early in the process.

Because the notice and filing deadlines for government claims are often unusually short and strictly enforced, contacting an attorney as soon as possible after the incident — ideally within weeks, not months — gives the best chance of preserving the claim. An attorney can also identify whether a federal, state, or local process applies, and whether any damages caps or other limitations affect the case.

Collecting documentation of the incident, communications with the agency, and any records showing the agency's involvement or responsibility early on helps support both the administrative claim and, if needed, a later lawsuit.