How to File a Claim If You’ve Been Injured on Government Property

If you’ve been injured in an accident on government property, your rights to compensation are slightly different from injuries on personal or business property. However, there are still ways to receive compensation for your injuries.

Sovereign Immunity and the Tort Claims Act

Most government entities protect themselves from lawsuits through what is known as Sovereign Immunity. Sovereign Immunity states that citizens who incur injuries on federal, state, and other governmental properties cannot sue for damages. Employees and owners of these public places cannot be sued for neglect; however, the Federal Tort Claims Act, passed in 1948, made some slight amendments to this clause.

Now, anyone injured either on federal property or by federal government workers is able to sue the government in a personal injury lawsuit. After the federal law was enacted, many states began implementing their own Tort laws. Eventually, federal and most state Sovereign laws were overridden. Currently, people who are injured on state, federal, or other governmental property can file a personal injury lawsuit.

Texas is one of the many states who adopted the new Tort Claims Law, so if you’ve been injured on government property in Texas, call reputable Houston Personal Injury Attorneys for expert legal advice.

Filing a Claim Against a Government Entity

Just like it is the responsibility of a business or homeowner to keep their properties in safe, working condition, it is the same responsibility of the government to do so. All federal and state entities have a responsibility to keep their properties safe for visitors and employees. As with other personal injury cases, injuries resulting from a property not being cared for may be considered neglect.

If the government agency knew there was an issue that required maintenance on the property and did not take adequate steps to have it repaired, it is neglect. Usually in personal injury cases, the government will be sued for medical bills, expenses, lost wages, and pain and suffering. The government cannot be sued for punitive damages or gross negligence. The federal courts also place caps on compensation amounts, so while a personal injury suit normally doesn’t reach a maximum amount, government personal injury suits do.

When filing a claim against a government entity, the process is slightly different than a regular personal injury claim. Unlike a regular injury claim where it is made to the insurance company, a government claim requires you to first file a claim with the agency themselves. Statutes of limitation require claims to be filed within 6 months of the injury. After the claim is filed, the agency will respond by accepting it. Outcomes vary and you may receive compensation or your claim will be denied. Claim denials from government agencies mean you will be able to file a personal injury suit.

Discuss Your Case

If you have been injured on government property, it is important that you contact a competent Houston personal injury attorney to handle your claim. The attorneys at Gordon, Elias & Seely can help you navigate the complexities of dealing with governmental entities in a personal injury case.