Personal Injury Claims Against the Government: What Accident Victims in PA Need to Know

From collisions involving government vehicles to accidents on public property, Pennsylvania residents may have personal injury claims against the government in various circumstances. Special rules (including strict deadlines) apply in these cases, so it is important to promptly hire an experienced Easton personal injury lawyer to represent you.

If you have been injured in an accident on government property or involving a government employee in Pennsylvania, it is important to speak with an experienced personal injury lawyer about your legal rights. While you may be entitled to financial compensation for your injuries, you will need to meet strict requirements in order to seek the financial compensation you deserve.

As a general rule, government entities are entitled to immunity from liability. However, government entities often waive their immunity in certain cases—and this is the case in Pennsylvania. Under Section 8522 and Section 8542 of Title 42 of the Pennsylvania Statutes, accident victims in the Commonwealth can file claims in various circumstances, provided that they comply with the rules and restrictions that apply.

Potential Personal Injury Claims Against Government Entities in Pennsylvania

Sections 8522 and8542 establish several exceptions to the sovereign immunity afforded to government entities in Pennsylvania. As a result, if you were injured due to any of the following, you may be eligible to file a personal injury claim and seek financial compensation from the government:

• An auto accident involving a government vehicle
• An auto accident involving a pothole or another hazardous road condition
• Medical malpractice by a doctor or another healthcare professional that works for a government entity
• An accident involving negligent operation or maintenance of government equipment
• An accident involving a safety hazard on government property
• An attack by a police dog or any other government-owned animal
• Any act of a member of the Pennsylvania National Guard
• Sexual abuse perpetrated or facilitated by a government employee
• The sale of alcohol to a minor or someone who was visibly intoxicated by an employee of the Pennsylvania Liquor Control Board

As with personal injury claims against private parties, filing a personal injury claim against the government in Pennsylvania requires proof of liability. This makes it important to conduct an investigation and preserve any available evidence as soon as possible. When you hire an Easton personal injury lawyer to represent you, gathering the evidence needed to prove your legal rights will be one of your lawyer’s first priorities.

Deadlines for Personal Injury Claims Against the Government

If you have grounds to file a personal injury claim against a government entity in Pennsylvania, you will need to comply with strict deadlines in order to protect your legal rights. There are two primary deadlines that apply in these types of cases:

1. The Deadline for Filing a “Notice of Claim”

Before you can file a lawsuit against a government entity in Pennsylvania, you must first serve the entity with a “Notice of Claim.” This provides the government with an opportunity to investigate your claim and decide whether to offer a settlement without incurring the costs of litigation on behalf of taxpayers.

In most cases, the deadline for filing a Notice of Claim is six months from the date of the accident. While there are exceptions, they apply only in limited circumstances.

2. The Personal Injury Statute of Limitations  

In addition to timely filing a Notice of Claim, you must also timely file a lawsuit in court (if necessary). Here, the deadline to file is the applicable statute of limitations for your type of claim. Most personal injury claims are subject to a two-year statute of limitations under Pennsylvania law, though there are limited exceptions.

Damages in Personal Injury Claims Against the Government

Individuals who have personal injury claims against government entities in Pennsylvania can generally seek compensation for their financial and non-financial losses resulting from the accident or incident in question. While the specific types of damages that are available depend on the specific circumstances involved, this generally includes compensation for:

• Medical expenses
• Lost earnings
• Loss of consortium and support
• Pain and suffering
• Property damage

For claims against the Commonwealth, damages are generally capped at $250,000 per victim (and $1 million per accident if there were multiple victims). For claims against local government entities, total damages are generally capped at $500,000.

FAQs: Suing the Government After an Accident in Pennsylvania

When can you sue the government after an accident in Pennsylvania?

Accident victims can sue the government in various circumstances. Under the Pennsylvania Sovereign Immunity Act and Political Subdivision Tort Claims Act, accident victims can sue for vehicle collisions, falls, and other types of accidents involving government personnel and government property—as long as they take action in time.

What if I have a claim against the federal government?

If you have a claim against the federal government, you will need to file your claim in accordance with the Federal Tort Claims Act (FTCA) instead of Pennsylvania state law. The FTCA also establishes strict filing deadlines and other mandatory requirements. To protect your legal rights, you should speak with an experienced personal injury lawyer as soon as possible.

Can (and should) I hire a lawyer to help me file a claim against the government?

Yes, if you have (or think you may have) a personal injury claim against the government, you should hire an experienced lawyer promptly. Your lawyer can take the necessary steps to protect your legal rights, calculate the damages you are entitled to recover, and work to secure just compensation from the government on your behalf.

Discuss Your Case Against the Government with an Experienced Easton Personal Injury Lawyer for Free

Do you need to know more about filing a personal injury claim against the government in Pennsylvania? If so, we invite you to get in touch. To schedule a free consultation with an experienced Easton personal injury lawyer as soon as possible, call 888-777-7098 or tell us how we can reach you online now.