Navigating this challenging process
How to sue the government for an injury is a question many Pennsylvania residents ask after they are hurt on public property or by a government employee. While suing the government is possible, the process differs significantly from a typical personal injury claim. Federal, state, and local governments enjoy special legal protections, and strict deadlines apply. If you miss a step, you can lose your right to compensation entirely. Understanding how these claims work—and when to involve a personal injury lawyer—can make all the difference.
Understanding sovereign immunity
Before suing the government, you need to understand sovereign immunity—a legal doctrine that historically protected government entities from lawsuits. The term comes from the English worldview that “the King can do no wrong.” However, governments have waived some immunity through specific laws. The Federal Tort Claims Act (FTCA) allows citizens to sue the federal government for injuries caused by negligent federal employees. Pennsylvania’s Political Subdivision Tort Claims Act permits lawsuits against state and local governments under certain circumstances.
Types of injuries where the government may be liable
Government entities can be held responsible for various injuries, including:
Slip and Fall Accidents: If you slip on ice at a state building or trip on broken stairs at a public library due to poor maintenance, you might have a premises liability claim.
Highway and Road Defects: Accidents caused by potholes, missing traffic signs, or malfunctioning traffic lights may expose the government agency responsible for road maintenance to liability.
Government Vehicle Accidents: When postal trucks, police vehicles, public buses, or municipal vehicles cause accidents due to negligent driving, you could file a claim against the government employer.
Police Misconduct: Cases involving excessive force, wrongful arrest, or injuries from unreasonable police actions may result in valid claims.
Public Employee Negligence: Injuries caused by negligent public school employees, social workers, or healthcare workers at state facilities could establish government liability.
The legal steps to sue the government
Step 1: Identify the Responsible Government Entity
Determine whether a federal agency, state government, or local municipality is responsible. This affects which laws apply and where you’ll file your claim. A personal injury lawyer can help identify the proper defendant.
Step 2: File Notice of Claim
Unlike claims against private parties, government claims require formal notice within strict timeframes. In Pennsylvania, you typically must file within six months for local government claims. Federal FTCA claims generally require filing within two years. Missing these deadlines will likely result in dismissal, regardless of the strength of your evidence.
Step 3: Wait for Government Response
After filing notice, the government investigates your claim. Pennsylvania local governments have six months to respond. Federal agencies also have six months under the FTCA. They may deny your claim, offer a settlement, or let the deadline pass.
Step 4: File a Formal Lawsuit
If your claim is denied or you receive no response, you can file a lawsuit in the appropriate court. Your lawsuit must establish that your case falls within an exception to sovereign immunity.
Step 5: Discovery, Negotiation, and Trial
Your attorney gathers evidence, including accident reports, maintenance records, and medical documentation. Many cases settle before trial. If the settlement fails, your case proceeds to trial, where you must prove the government breached its duty of care and caused your injuries.
Challenges unique to government claims
Government injury claims present unique obstacles, including strict deadlines with no room for error, damage caps (Pennsylvania limits non-economic damages against local governments to $250,000 per person and $1,000,000 in total per single incident applies), limited discovery rights for certain government information, and various immunity defenses that can protect government entities and officials.
Why you need a personal injury lawyer
A personal injury lawyer experienced in government liability ensures you meet all deadlines, properly identifies liable entities, gathers necessary evidence, accurately values your claim within damage caps, and effectively negotiates with experienced government attorneys.
Take action to protect your rights
If you’ve been injured due to government negligence, time is critical. Don’t assume you have no recourse because a government entity caused your injury. While how to sue the government for an injury involves more complex procedures than typical claims, experienced legal representation can help you navigate these challenges and pursue deserved compensation. Amil Minora understands Pennsylvania government liability law and can guide you through every step of the process.