Accidental injuries can happen anywhere, including on government property. You could injure yourself in a fall at city hall or in a public park, for example. If the city failed to take reasonable steps to protect you from harm, you might be able to pursue compensation with the support of a skilled premises liability attorney.
These cases can be complicated, as government entities are often immune from lawsuits or provide only a limited time to file. There are exceptions to consider, especially when an accident was avoidable. If you are considering legal action, you could benefit from a discussion with a Galveston public property injury lawyer.
A private citizen may have the right to pursue a personal injury case against the government, but there are more hoops to jump through compared to a traditional lawsuit. States are inherently immune from negligence lawsuits in general, but many have opted to waive that protection under limited circumstances. The Texas Tort Claims Act allows the public to sue city or state governments under two limited scenarios:
In cases involving hazardous conditions, the state only waves immunity if the cause of the injury would have been enough for a private citizen to be found liable. For example, a plaintiff might have a viable case if they can show that a missing handrail on a government building caused them to fall and break their leg. Even when in this scenario, obtaining a monetary award could be difficult without the support of a Galveston public property injury attorney.
When a person is injured, they have a limited amount of time to file a civil lawsuit thanks to a deadline known as the statute of limitations. In Texas, plaintiffs must have their case filed within two years of the date of their injury. However, there are additional requirements when the defendant is a government entity.
First, a plaintiff must formally notify the government of their intention to file a lawsuit. This time period is generally six months from the date of the injury, but it can vary from one municipality to another. If notice is not provided, a plaintiff is barred from moving forward with their injury suit. The same thing is true if legal action is not filed until after the statute of limitations expires.
Missing these time limits is a worst-case scenario for the injured. In most cases, the judge will dismiss the lawsuit with prejudice, meaning the plaintiff can never re-file it. This can lead to the end of a case, even if there is strong evidence of negligence.
Keeping up with these deadlines and notice requirements can be confusing, especially for someone who is recovering from a serious injury. In order to avoid the consequences of filing a lawsuit too late, it can be helpful to rely on the guidance of a Galveston lawyer who handles public property accidents.
Suffering an injury on government property can be more frustrating than a typical accident. Holding the city or state accountable is never easy, and there are strict time limits to consider. The good news is that a Galveston public property injury lawyer could help. Call us right away to learn more – Schechter Shaffer & Harris stands with you.
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