Business owners are responsible for ensuring their premises are safe, but what happens if your child is injured at a public park or you slip on wet floors at the public library? The government is responsible for maintaining public property to ensure it is safe or, at the very least, to provide adequate warnings of potential risks to visitors. Despite these legal obligations, injuries on public property still occur frequently.
Unlike private property, where business owners or landlords can be held accountable through a relatively straightforward process, public property injury claims involve dealing with government agencies, which can complicate the legal process. You might be eligible for financial compensation if you have been injured on public property. However, navigating claims against the government is more complex than pursuing those against private entities.
It is crucial to consult with a legal professional to understand how these specific regulations affect your claim and pursue the compensation you deserve. A Wilmington public property injury lawyer can provide the expertise needed to navigate this intricate legal landscape and help you seek the recovery you are entitled to.
What to Know About Public Property Accidents
Countless people are injured in places where they might not think to hold the government accountable. Some examples include:
- Post offices
- Public swimming pools
- Schools
- Poorly maintained roads
- Highways
- Airports
- Harbors and ports
- Public hospitals
- Public sidewalks or trails
- Rail stations
People can experience a range of injuries in avoidable accidents in these locations, including burns, broken bones, traumatic brain injuries, neck injuries, and spinal cord injuries. The medical costs associated can be significant.
Though holding the government accountable for your injuries may seem unusual or daunting, you have the right to seek the compensation you deserve. To navigate this complex process and understand your rights, it is important to consult with a Wilmington public property injury attorney.
Sovereign Immunity
The legal theory of sovereign immunity allows government entities to protect themselves from lawsuits. Sovereign immunity is a principle codified in the 11th Amendment to the United States Constitution, under which a sovereign or state is immune from civil suit or criminal prosecution and cannot commit a legal wrong in its own courts. It is difficult to circumvent sovereign immunity without the help of a legal professional. That is because a victim can only sue the government under circumstances that constitute a waiver of sovereign immunity.
However, the Federal Tort Claims Act of 1948 relaxed the principle of sovereign immunity and permitted people to sue for damages when they were injured on federal property because of unsafe conditions. Delaware also has its own Tort Claims Act with specific exceptions to immunity. The intricacies of applicable federal and state laws in Wilmington are too risky for you not to hire a public property injury attorney to handle your case.
What Compensation Is Available for Public Property Claims?
An injured person can seek both economic and non-economic damages when pursuing a claim, whether against a private party or the government.
Economic damages are tangible losses that can be quantified. These include:
- Expenses related to emergency room visits, surgeries, and inpatient care, as well as follow-up visits
- Costs for prescription drugs and over-the-counter medications required for recovery
- Compensation for wages lost due to an inability to work as a result of the injury
- Costs for physical therapy, occupational therapy, or other treatments necessary for recovery
Non-economic damages address the intangible impact of an injury, including:
- Compensation for physical pain endured as a result of the injury
- Reimbursement for psychological impact, such as anxiety, depression, or loss of enjoyment of life
- Damages for the impact on relationships with family members or significant others
Importantly, the statute of limitations for filing public property injury claims against the government can differ from other civil claims. These time limits can be more stringent, making it crucial to act promptly. To ensure that you do not miss any deadlines and to maximize your chance of securing the compensation you deserve, it is essential to consult with a Wilmington public property injury attorney. They can guide you through the complexities of these claims and help protect your rights.
Consult With a Wilmington Public Property Injury Attorney Immediately
It is important to stand up for your rights, even against a powerful entity. Do not risk missing out on the compensation you deserve by handling your case alone. You deserve an accessible and communicative legal team by your side to help you. Schedule a consultation with a Wilmington public property injury lawyer from Doroshow, Pasquale, Krawitz, & Bhaya as soon as possible.