A slip-and-fall accident can occur anywhere, including on government property. According to the National Safety Council, falls accounted for 33 percent of all preventable injuries in 2021. Due to their frequency, the likelihood that an accident occurs on public or government-owned properties – such as schools, libraries, playgrounds, streets, sidewalks, or government buildings – is fairly high.
Filing a personal injury lawsuit against a government agency could prove to be beneficial but also may come with some challenges. It is imperative to adhere to strict filing requirements – and some of these entities may have special legal protection in your way.
At Minton Law Firm, our team of attorneys is dedicated to helping clients get the support they need by fighting for the financial compensation that will cover their losses. We know the ins and outs of Arkansas law, and we believe that all victims of negligence deserve justice. Contact a slip and fall lawyer today for a free consultation about your injury claim by calling 855-Xadjuster.
Considerations of Premises Liability Cases Involving Government Entities
Government property – including federal government and state government buildings, public parks, and various institutions – must be held to high safety standards. However, accidents can still occur, and individuals who slip and fall on government property may be entitled to compensation for their injuries.
While premise liability cases tend to be legally challenging to prove, those that involve government buildings, employees, or administrative claims are even more so. For example, specific rules govern how you can seek compensation, when you must do so, how to file your claim, and what damages you can be compensated for.
In many states, unlike regular personal injury cases, injury claims against the government cannot be filed in the state court. In Arkansas, for instance, these must be filed with the Arkansas Claims Commission. Additionally, the amount of money you can recover for your injuries has a limit based on their insurance policies – with no punitive damages allowed.
The specific details may vary depending on the entity responsible, be it the federal, state, or local governments. Regardless of the location of the accident scene, we believe that the negligent party should be held accountable. At Minton Law, our founder is a former insurance adjuster who knows how important it is that you get the compensation you need to recover.
Challenges in Filing a Case Against a Government Entity
When filing a personal injury case against a government agency, there are specific procedures and timelines, which may vary between municipalities, counties, or states. Missing deadlines or failing to go through the correct process can be detrimental to your case.
There are two key factors to keep in mind with these types of claims: the statutes of limitations and sovereign immunity.
Statutes of limitations
The time limit within which a lawsuit must be filed is legally called the statute of limitations. For typical slip-and-fall personal injury cases, the deadline is 3 years from the date of injury. However, when a government property is involved, the time frame changes substantially.
The exact deadline may depend on which government property is involved. There may be an even shorter time frame during which a formal notice of claim must be filed to inform the government entity of the details of your accident, your injuries and medical treatment, and the amount of compensation you are seeking. Local laws may dictate the time you have to comply with these claim and lawsuit requirements.
Failure to fulfill the proper notice requirements within the allotted time period can result in your case being dismissed. That is why it is so vital to obtain legal counsel as soon as possible after your accident. A lawyer can guide you through the process and help ensure that everything is filed accurately and on time.
Sovereign immunity
The legal concept of sovereign immunity is designed to protect the government from liability in some cases. This is prudent because if the government was open to being sued for any reason, it could be detrimental to the well-being of the citizens. However, for someone pursuing a slip and fall claim on government property, immunity may seem unfair.
However, in the Arkansas statutes, there is a provision that allows the government to be held liable when their negligence causes harm. For instance, the government entity’s liability insurance can provide coverage in the event of a slip-and-fall on their property. After ensuring that the insurance should cover the incident, an individual is free to file a claim and negotiate an insurance payout.
All these rules and time constraints surrounding lawsuits against governments are rather daunting. The complicated legal concepts involved in filing a case against a government entity may overwhelm you, but you do not need to face this situation alone.
How Minton Law Can Help You After a Slip-and-Fall Accident
Navigating a premises liability case against a government entity is a complex legal process. That is why it is important to have a knowledgeable attorney on your side who can guide you through to a fair resolution.
Hiring an experienced personal injury attorney can help you get the best chance of success. At Minton Law, we believe that you should not have to face any stage of this process alone, and we want to help you on your path to recovery.
Our personal injury lawyers at Minton Law Firm can help you to make sure that all deadlines are met. Our team can investigate your accident, gather evidence, build a strong case to prove government negligence, and negotiate to get you a fair settlement. We offer our legal services on a contingency basis so our clients can have peace of mind while we help them recover compensation for medical expenses, lost income, and more.
As you can see, slip-and-fall accidents on government property can be challenging due to legal issues such as sovereign immunity, strict deadlines, and other jurisdictional factors. You deserve to have an experienced personal injury lawyer by your side who truly cares about your claim.
Call 855-Xadjuster or complete the contact form for a free consultation with Minton Law. Remember, we will not charge you fees for our services unless you get paid.
