What to Do if You Were Injured On Government Property

You may wonder how often you are on government property, but the answer is – nearly every day!

Government property includes not only government buildings such as the courthouse or DMV, but city parks, public sidewalks, and most state and local roadways. Federal, state and local governments are responsible for making sure that all these areas are safe for the public, their employees, and any contractors who may be working on them.

Your Rights if Injured on Government Property

Some examples of incidents which may result in a legal claim include slip and falls; auto accidents due to a malfunctioning traffic signal; injuries sustained on public transit; electrocution from downed power lines after a storm; injuries from faulty playground equipment; injuries due to missing guardrails; or injuries sustained at public pools. These are just examples and are by no means a comprehensive list of the many ways you may be injured on public or government property.

You have the same basic rights for compensation from the government as you would if you were filing a personal injury claim against a private citizen. When a government agency does not maintain a safe environment at a property it owns or controls, it is considered negligence. If you have injuries arising from that negligence, they may be liable for your injuries, such as out-of-pocket medical expenses, lost wages, and pain and suffering. However, although categories are essentially the same, you may be more restricted on how much you can recover in damages from a government agency, as the government puts a limit on its own injury settlement amounts. Punitive damages (damages awarded to punish the defendant for their action) are also not available from a government entity.

When you have been injured on public property you must file a notice of claim with the appropriate agency. Each agency has its own claim notification form, and its own strict deadline (some as narrow as 30 days) for filing a notice that you have been injured. Because time is short and the correct information is critical – you may wish to immediately call a Sarasota personal injury attorney as soon as you believe you have suffered an injury which would qualify. They can help you to file the correct information in a timely manner.

If the government agency accepts your claim, you will be compensated for your damages. Should they reject your claim, you do have the option of pursuing a lawsuit.

Proving the Government Agency was Negligent

To establish government negligence, you must prove that:

1. The government agency owned or had control of the property
2. A situation existed on the property which was dangerous and could cause harm
3. The agency knew (or reasonably should have known) there was a possibility of an accident or harm
4. The agency had a reasonable time period to remedy the condition and did not

You may also have to show that it was not your recklessness or unsafe conduct which caused the injury. If your actions did play a role in the incident, ask your personal injury lawyer to clarify if you will be able to file under comparative negligence rules, which allow you to file a claim against the government even if you were largely to blame.

If you are planning to go to court for an injury sustained on government property, it is important to be properly prepared. This is where a personal injury attorney can be invaluable. We will help you to collect the property records, incident and medical reports, photos or videos, and witness statements which may help with your case.

No matter how you were injured, you may have the right to file for compensation. Don’t wonder if you have a case – call Probinsky & Cole. We are happy to discuss it with you.