Personal injury attorneys are legal professionals who specialize in civil litigation involving injuries resulting from accidents or negligence. These lawyers represent clients who have suffered physical or psychological harm, either due to the actions of an individual, a company, or even a government entity. However, suing government-owned properties presents unique challenges that require specialized knowledge and experience.
When it comes to personal injury cases against private entities or individuals, the process is relatively straightforward. The injured party files a claim against the responsible party’s insurance company and if they cannot reach a settlement agreement, they proceed to court. However, when the defendant is a government entity or its property is involved in causing damage or injury, things become significantly more complex.
One of the primary obstacles in these cases is sovereign immunity. This legal doctrine prevents governments and their subdivisions from being sued without their consent. It originates from old English law where it was believed that “the king can do no wrong.” In modern times this means that you cannot sue the government unless it has specifically allowed for such lawsuits through legislation.
Even when legislative provisions exist allowing for suits against certain governmental entities (as is often the case), there are typically very strict procedures and timelines that must be followed exactly. For instance, many jurisdictions require an initial claim to be filed with a specific governmental agency before any lawsuit can commence.
Another challenge faced by personal injury attorneys when dealing with government-owned properties involves proving negligence on part of the entity responsible for maintaining those properties. Often times these agencies have limited resources which can lead them to prioritize certain maintenance tasks over others based on factors like public safety risk assessments.
For example, if someone trips and falls on a sidewalk outside of a city building because of uneven pavement but there were other areas within city limits deemed higher risk by officials – like potholes on busy roads – it could be argued in court that despite knowing about all potential hazards city did not act negligently by choosing to address what they saw as more pressing issues first.
Finally, there is the issue of public sentiment. Juries may be less likely to award large sums of money against government entities for fear that it will ultimately come out of taxpayers’ pockets or lead to cuts in public services.
Despite these challenges, personal injury attorneys continue to advocate for those injured on government properties. They understand the complexities and nuances involved in these cases and work diligently to ensure their clients receive fair compensation. The task may be daunting but with a skilled attorney by your side, it’s possible to navigate through these hurdles and achieve justice.
Munley Law Personal Injury Attorneys
41 N Main St, Carbondale, PA 18407
15702802502
