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If you get hurt on someone’s property, in a business, or at work, you likely know who you can sue for your injuries that resulted from the dangerous condition. But what happens if you get injured on government property? While different limitations can apply to government agencies, you can generally sue a government agency if you suffer an injury because of negligence.
If you suffered a personal injury on government property, there are specific steps you must take to preserve your rights.
Accidents can happen anywhere. But when they occur on government property, you may be unsure of your options for a personal injury claim. While any type of accident can happen at government buildings, sites, etc., some are more common than others. Premises liability claims involve any accident that occurs on public property owned by the government or on individually owned private property. These claims include slip and fall accidents, dog bites, poor security, etc.
The most common types of accidents to occur on government property include:
Slip and fall accidents: Slip, trip, and fall accidents occur when someone loses their balance, causing them to fall and suffer injury. A slip and fall can occur due to property damage like uneven sidewalks or improperly maintained parking lots due to weather conditions. If the public property is not maintained, the government can be held responsible for injuries caused.If you have experienced any of these accidents on government property, the premises liability attorneys of Regan Zambri Long can guide you through the legal process to secure maximum compensation for your injuries.
If you fall on private property, the property owner could be liable for your injuries if they were negligent; in the same way, the government can also be responsible if you get hurt on public property.
Getting into an accident on public property can be more complex than falling at someone’s home or a business, as the government would be who you seek damages for your losses instead of the individual or the insurance company.
In both cases, you have a right to pursue compensation for medical treatment, lost wages, and pain and suffering. However, depending on your state’s negligence laws, the compensation can be altered by your role in the accident.
Further, the case can be brought against a city, county, state, or federal government, and rules of sovereign immunity can apply, limiting your options for recovery.
At the most basic level, public property is owned by the government and intended for public use—with some limitations. Conversely, private property is owned by an individual or entity and meant for residential or commercial use.
If an accident occurs on private property, the victim would seek financial compensation through their insurance or in a personal injury lawsuit against the property owner or the private party responsible for maintaining the property.
However, if an accident occurs on public property, the victim would seek financial recourse against the government. While filing a lawsuit would be similar, different rules apply, such as the limits on compensation, a shorter statute of limitations, and issues of sovereign immunity. These are dictated under the Federal Tort Claims Act.
Here’s what you must consider when seeking compensation against the government or a government employee.
If you file a personal injury claim for an accident against a government employee or the federal government, you typically have two years to file the claim. However, this is somewhat misleading as you first must file an administrative claim against the proper agency, typically through the Standard Form 95 (SF 95), also known as a Claim for Damage, Injury, or Death.
Once the government agency responsible for the accident has been notified of the accident and your claim, they have six months to accept and pay out your claim or deny it. If they take it, there’s no need for a lawsuit. If they reject the claim, you must file a lawsuit six months from the denial date.
Your lawsuit is then filed in the United States District Court in your area or in the location where the accident took place. However, the rules of the state for personal injury apply, as premises liability and intentional misconduct are under state regulations.
When filing the Claim for Damage, Injury, Or Death, you must be mindful of the amount of compensation you list. This amount is all you can seek damages for should your case go to a lawsuit.
However, under the Federal Tort Claims Act, you can still recover compensation for most compensatory damages like medical bills, lost income, and property damage.
There are no caps on the amount of compensation you can recover but again, you are limited by the amount you request from the liable federal agency.
Sovereign immunity is a legal doctrine protecting the government from lawsuits without consent. It is based on English common law, where “the king could do no wrong,” and only applies to the state and federal government. However, the federal government has partially waived its right to sovereign immunity through the Federal Torts Act.
Each state government has its laws on exceptions to sovereign immunity. In general, they include limitations for lawsuits only caused by a negligent government agency or public employees that caused the victim harm.
While the Federal Torts Act waives the federal government’s total right to sovereign immunity, other exceptions exist when filing personal injury cases against the government. These exceptions 
ultimately determine if you can or cannot sue the person or entity responsible for your injuries.
If you were injured while serving in the military, you cannot sue the government under the Feres Doctrine.
Federal employees cannot be sued for doing something within their job scope.
Citizens suing their state must complete the four-part test to determine if the state is liable. This includes determining if the party was acting in a governmental or proprietary fashion, completing a ministerial/operational or a discretionary task, acting in a planning or implementing fashion, and if the act was justifiable under regular tort principles.
Knowing your rights in a personal injury claim against the government can be complicated. The premises liability lawyers of Regan Zambri Long can help protect your right to compensation for your injuries.
If you or a loved one were injured on government property in an accident, Regan Zambri Long will hold the government entities responsible for the accident accountable. Our personal injury lawyers work tirelessly to ensure you and your family get the compensation you need for your severe injuries.
If a property maintained by a government agency has a hazardous condition that has caused you harm, our lawyers will build your case by:
We understand how complicated the legal process can be. Still, when you have to file a premises liability lawsuit against anyone, let alone a government entity, you need a trustworthy law firm. The premises liability attorneys of Regan Zambri Long have experience handling government immunity to liability. They will do everything in their power to ensure that you get the care you need after suffering injuries.
For a no-obligation, free consultation, call the government property accident attorneys of Regan Zambri Long today.
