When you get injured on someone else’s property, you may be able to sue them for damages. How does this work when the person who owns the property is a government entity instead of a person though? You still have the chance to claim compensation, but the process works a bit differently. Our Harrison personal injury attorneys can help you start the process, which begins with a “Notice of Claim.”
How Long Do I Have to File a Notice of Claim?
If you are claiming that you were injured on land owned by the government, you do not have a lot of time to act. Normally, plaintiffs who get hurt and want to make an injury claim have years to take action before the statute of limitations cuts off their ability to try and claim compensation. This is not how it works with the government.
If you want to sue a government entity, you must file your notice of claim within 90 days. You can only file a lawsuit after this point. The government might investigate and offer you a settlement, or it may not respond at all. Your lawyer can advise you on the next steps.
Does the Notice of Claim Allow Me to Sue the Government?
You can sue the government over many types of accidents. A government entity could be held responsible for:
- Dangers and defects in public buildings
- Medical malpractice or injuries in state-run facilities
- Car accidents involving a negligent government employee
- Any other accident caused by negligence
Are Damages Limited in a Case Against the Government?
Some states limit the total amount of damages that you can sue for or what kinds of compensation you can receive. For example, some states limit a plaintiff’s ability to recover damages that would make up for pain and suffering.
New York does not set a total cap on damages or prevent you from claiming pain and suffering. Just know that the burden of proof is on you here. It can be tough to prove negligence, which is why you may want the help of a lawyer who can help you build a stronger case and calculate fair compensation.
Can a Lawyer Help Me With the Notice of Claim?
Your lawyer can help you submit a notice of claim with all of the necessary information. If you leave out any pertinent information or do not give a thorough explanation of the event that caused your injury, it may take more time to claim the compensation that you deserve. Your lawyer can also make you aware of any deadlines and ensure that you do not miss them.
Contact Our Law Firm Today
Any personal injury case can get complicated, but ones involving the government can be particularly complex. Don’t miss any deadlines or your chance to receive compensation. Contact Hausman & Pendzick to schedule a case consultation. There is no obligation, so take the chance to learn more about your legal options.