Your Options if You Are Injured on Government Property
If you find yourself injured on government property, here are some potential options for seeking help or compensation:
- The FTCA is a federal law that allows individuals to file claims against the government for personal injury or property damage caused by the negligence of federal employees. The FTCA applies to all federal agencies, including the Department of Defense, the Department of Veterans Affairs, and the National Park Service, among others. Under the FTCA, individuals must file a claim with the appropriate federal agency within two years of the incident. The agency will then investigate the claim and determine whether to accept or deny it. If the claim is denied, the individual can file a lawsuit in federal court.
- State Sovereign Immunity Laws
- State sovereign immunity laws protect state and local governments from lawsuits unless they have waived their immunity or unless a specific exception applies. However, some states have passed laws that waive sovereign immunity for certain types of claims, such as personal injury claims. If you are injured on state or local government property, you should consult with an attorney to determine whether your state has waived sovereign immunity for personal injury claims.
- Workers Compensation
- If you are a government employee and are injured on the job, you may be eligible for worker’s compensation benefits. These benefits can include medical treatment, lost wages, and disability benefits. The process for filing a worker’s compensation claim can vary by state and agency, so it is important to consult with an attorney who is familiar with the process.
- Other lawsuits
- In some cases, it may be possible to file a lawsuit against a private contractor or third party that is responsible for maintaining or operating the government property where the injury occurred. For example, if you are injured in a slip and fall accident at a government building, and the contractor responsible for maintaining the building failed to properly maintain the floors, you may be able to file a lawsuit against the contractor.
Frequently Asked Questions:
- What should I do if I am injured on government property?
- If you are injured on government property, you should seek medical attention immediately. You should also report the incident to the appropriate government agency, such as the park ranger or building manager. It is important to document the incident and gather as much information as possible, including the names and contact information of any witnesses.
- Can I file a lawsuit against the government if I am injured on government property?
- Yes, you may be able to file a lawsuit against the government under the Federal Tort Claims Act (FTCA) or a state sovereign immunity law. However, the process for pursuing a claim against the government can be complex and challenging, so it is important to seek the advice of an experienced attorney from McCune Law Group who can guide you through the process.
- What damages can I recover if I am injured on government property?
- If you are successful in pursuing a claim against the government, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other related expenses. The amount of damages you can recover will depend on the specific facts of your case and the applicable law.
- How long do I have to file a claim against the government if I am injured on government property?
- Under the FTCA, you generally have two years from the date of the incident to file a claim with the appropriate federal agency. If the agency denies your claim, you may have six months from the date of the denial to file a lawsuit in federal court. However, the deadlines for filing claims under state sovereign immunity laws can vary by state and agency, so it is important to consult with an attorney who is familiar with the applicable law in your jurisdiction.
How to Start Your Potential Case
Personal injury cases can become complicated especially if you are injured on government property. Please contact our Personal Injury team if you find yourself injured for any reason. Here is what to expect in the process:
- Fill out our contact form with your information.
- Set up your free consultation.
- Meet with our Personal Injury team.
- Discuss your potential case.
- Discuss your next steps.
Helping the Injured Nationwide for Over Thirty Years
If you are injured on government property, you may have legal options to seek compensation for your injuries. However, the process can be complex, and it is important to seek the advice of an experienced attorney from McCune Law Group who can guide you through the process. Whether you pursue a claim under the FTCA, a state sovereign immunity law, or another legal avenue, an attorney can help you navigate the process and seek the compensation you deserve.
To learn more about what to do if you are injured on government property, contact McCune Law Group by completing the form or calling (909) 345-8110 today for a free consultation.