When you are injured due to the negligence of another person, it can be incredibly upsetting, as you may suffer physical, emotional, and monetary damages as a result. However, when the negligent party responsible for your injuries is the government, it can be even more devastating. It’s imperative to understand the statute of limitations for filing a notice of claim against a municipal entity in Pennsylvania. The following blog explores these claims in further detail and why it’s imperative to connect with personal injury attorneys who can assist you during these matters.
What is a notice of claim?
It’s important to understand that all states have sovereign immunity. Essentially, this means the state cannot be sued without its consent. However, the federal government passed the Federal Tort Claims Act which waived its sovereign immunity for injury claims. This allows private citizens to bring claims against federal, state, and local agencies that are responsible for injuries.
Generally, some of the incidents that sovereign immunity is waived for include car accidents, medical malpractice, dangerous government property, and improper roadway maintenance, among others.
While this waiver provides consent for individuals to sue federal and state governments, there are still limitations in place that make it harder to pursue claims against the government at any level. Generally, the first thing you must do if you intend to sue the government for injuries they are responsible for is to file a notice of claim.
Essentially, this is an advanced notice that must be supplied to a government entity you plan to file a lawsuit against. In the claim, you must include information regarding your claim, like when the injury occurred, what damages you’ve suffered, and the compensation you seek. The purpose of this is to provide the government with time to investigate the claim before a lawsuit arises.
What is the statute of limitations for filing in Pennsylvania?
In Pennsylvania, if you want to file a claim against the government, you must first file a notice of claim within 6 months of the date of the injury. This is an incredibly short period, so it’s imperative to act quickly. If you do not file in a timely manner, you will relinquish your right to recover compensation. However, you do not have to file a lawsuit within that timeframe. You will still have two years from the date of the accident to file a lawsuit, provided you submit a notice of claim to the appropriate agency by the six-month deadline.
It’s also important to understand that under the Sovereign Immunity Act, damages are capped. As such, you can only recover up to $250,000 per person and $1,000,000 per incident.
As you can see, there are many considerations that must be made when you’ve sustained an injury due to the negligent actions of a government entity. That’s why it’s in your best interest to connect with an experienced personal injury attorney from Friedman Schuman Layser . Our firm can help handle the legal complexities of your case to help give you the best chance at recovering the compensation you deserve. You only have six months from the date of your injury, so do not hesitate to contact our firm today.
