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Personal Injury & Medical Malpractice Blog

Saturday, March 11, 2017

What can I do when the government causes my injury?

What can I do when the government causes my injury?

If you have been injured due to the negligence of a government agency, they can be held liable in certain situations. Some of these scenarios could include slip and fall accidents, accidents on the bus subway, or even an escalator, student injuries on school grounds, or accidents involving a city vehicle. You might be able to bring a claim of injury against a public entity like an agency, department, public corporation, or even against the state itself for municipal liability.

Can I Even Sue The Government?

Bringing a case against the state, a county, city, town or village can sometimes be very difficult. You will want to retain an experienced municipal liability or personal injury lawyer who has deep knowledge of the law. Even just deciding whom to sue can sometimes be hard to determine.

The attorney you choose will need to be aggressive as they investigate who the responsible parties are when they build a case. The window to file is generally within 90 days of the accident, so any attorney will have to move quickly in order to uphold your rights and avoid any pitfalls in the process.

Some scenarios will require you to bring your suit in supreme or county court, while others may require you to sue in the court of claims. An attorney will be able to tell you where to bring your claim.

If you happen to be injured severely, hiring an attorney is essential. You might not have the time or the capacity to handle a case yourself. You could stand to lose a lot in regards to any sort of settlement if you mishandle the claim.

How Can I Prove Negligence?

In general, you must show the following in order to prove government negligence:

  1. The property was owned or controlled by the government agency
  2. Some sort of dangerous condition did exist on the property
  3. The agency knew or should have been aware of the dangerous condition
  4. The agency had a reasonable opportunity to repair the condition, but failed to do so
  5. Your injury was not the result of your own recklessness conduct

You will want to gather all the evidence you can in order to substantiate your claim. You and your attorney will want to acquire property records in order to determine what is actually municipal property and how said property is classified.

In addition, you should take photos and video of your injury and the cause behind it, as the proof will serve as valuable evidence in a case.

Statements or testimony from witnesses and onlookers can sometimes make for strong evidence. You want to try and get as much detail as you can about what a person saw or heard. Make sure to try and get contact information and a name so you are able to follow up later if necessary.  

If you have been injured do to government negligence, contact us today for a free consultation.

 


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