When my husband I decided to start a business, we didn't think about the legal aspects of doing so. We didn't realize that purchasing business insurance, getting building permits and making investments all required some type of legal advice. But after speaking to a close friend, who also happens to own a small business, we contacted a business attorney. Now, we have the legal smarts to make the best decisions for our business, as well as the legal representation in case something happens to our company. I hope that you find my blog helpful and informative for your own business. It's a great resource for finding the legal advice, resources and guidance you need to get your company up and running.
If you slip and fall on a government property, you may be entitled to compensation for your injuries just as you would be if injured on other premises. However, you should brace yourself for the complications of seeking injury compensation from a government entity. Here are a few examples of these complications:
Some government agencies claim immunity from lawsuits when they are subjected to injury claims. It's true that the law grants immunity for some government agencies under certain conditions. For example, the government is usually immune from lawsuits arising from its planning decisions. This means you may not have a valid claim if you are injured by a staircase that was poorly designed by the government.
However, don't be surprised if even those who aren't immune to your injury claims try to use immunity to avoid compensating you. In such a case, it's up to you to disapprove the immunity claim, and this may not be easy.
Short Time Limits
Most injury cases, even those against private parties, have time limits, but the time limits against governments are usually shorter. In some cases, you only have 30 days (after the injury) to file a notice of a claim. You may also have a short period to file a lawsuit if your claim is denied. This means you can easily lose your claim if you don't act fast.
Most people who have dealt with the government will tell you that it is usually slow to respond to queries. This is despite the fact that the government has a strict timeline it expects you to respect. They may expect you to be prompt with your queries, filings, and notices while failing to do the same thing for you. Such a difficult and frustrating process is best handled by a person experienced in handling government claims.
Low Settlement Limits
Lastly, you may also have to contend with the low settlement limits that sometimes apply to claims against government agencies. For example, at least 33 states have dollar limits on damages that injury victims can recover against them. Therefore, do your calculations to ensure your case is worth pursuing considering these damage caps. Note that you may also be barred from seeking certain damages, such as punitive damages.
This means you should act fast and efficiently if you have an injury claim against the government. In fact, it's best if you consult an attorney experienced in injury claims against the government for help.