Filing an injury claim could prove to be a complex process of back and forth between the plaintiff and the defendant. However, for cases involving negligence on government property, the plaintiff would have to take more steps to begin holding the government entity liable for any injuries the plaintiff sustained while visiting their property.
If you suffered an injury while on government property through no fault of your own, make sure to get in touch with a dedicated injury attorney. By getting in touch with a Tucson public property premises liability lawyer, you would be better prepared to undergo the claims process and made aware of the difficulties that may be in the way of your road to recovery. To learn more, call today.
Public and private properties use the same reasonableness standard. What this means is that both public and private properties must provide a safe environment for its visitors and invited guests. As a result, when people lawfully set foot on their property and suffer injuries as a result, the owners of the property would be held accountable, especially when the accident is caused by a hazard that should have been addressed by the owner(s) of the property. The main difference between filing a premises liability claim against premises liability case against a private vs public property is the deadline to begin the claims process.
Victims of premises liability claims involving government property have 180 days to file a notice of claim. This deadline varies by state, but in Arizona, victims have exactly 180 days to file a notice of claim against the government. However, this does not begin the claims process right away. This is simply a notice stating that the victim believes why and how they have a claim against the government. In addition, they would have to submit something called sum certain. Sum certain could be defined as the amount the victim is willing to settle for. Once the 180 days are up, the government will have a window in which they would respond to the claim if they wanted. If they do not respond, the notice would be denied, essentially giving the victim the opportunity to file a lawsuit against the government. At that time, the victim would have one year to file a claim after the 180-day mark.
The types of damages victims would be able to recover include both economic and noneconomic damages. Economic damages are quantitative in nature and include damages such as medical bills, lost wages, and property damage. In contrast, noneconomic damages lean more on the qualitative side, meaning they are more difficult to put a number on. These damages include pain and suffering, loss of consortium, and psychological trauma. If the defendant acted with some type of malice or gross negligence, they could also be required to pay the victim punitive damages. However, punitive damages are rarely involved in premises liability cases, let alone civil cases against the government.
One of the main benefits of working with a Tucson public property premises liability lawyer is that you would be able to access the years of experience our firm has in handling cases involving landowner negligence. In any case involving the government as the defendant, it is crucial that the plaintiff works with an experienced attorney since government entities have more protections from lawsuits than other private entities. As a result, you would want someone who understands the roadblocks and obstacles that could potentially impede you from even beginning the claims process. Therefore, you should make it a priority to schedule a consultation to begin reviewing your injuries and claim for compensation.