Personal Injury Lawyers in San Jose, CA
Personal Injury on Government Property
If you have suffered physical or mental injuries due to an accident on government property, you may be entitled to compensation. At Scher, Bassett & Hames, we have extensive experience in pursuing claims on behalf of people who were injured on public entity. There are many causes of accident and injury, and we can review the details of your case and your medical documentation to determine if the accident or injury was the fault of the owner of the property. We have decades of experience in pursuing personal injury claims on behalf of clients of all ages, and we will work tirelessly to ensure you get the justice you deserve after a personal injury on government property. To learn more about how we can help you, call us today.
Slip and Falls on Government Property
If a slip and fall accident or any other accident or injury resulting in pain and suffering occurs on property owned by the government, the government may be found at-fault in a court of law. If the government was found to be negligent or to have created an unsafe environment for the public or employees, you can recover damages for your injuries.
How Government Negligence Is Proven
Government negligence in a slip and fall case that results in an public entity property is proven in the same way it is in other slip and fall or personal injury cases. All slip and fall cases require that you prove there was negligence that led to an unsafe condition that affected the health and safety of the public. This is done by proving that there was prior notice of an unsafe condition that the government failed to act on. For instance, if there was a cracked sidewalk on government property and the government received notice that repairs were needed, but didn’t make the repairs, any accident or injury that occurs due to that cracked sidewalk is because of negligence on the part of the government.
“Burden of Proof” in Slip and Fall Cases
There are four primary burdens of proof to consider when pursuing a slip and fall claim that resulted in personal injury on government property:
1. Negligence by the government – they must have known that a dangerous condition occurred and had the time to fix it, but failed to.
2. You must prove that your actions did not contribute in any way to the slip and fall accident; i.e. you didn’t ignore warning signs, go into an area that was restricted, or behave in a way that was negligent or unsafe.
3. You must pursue action in a timely manner according to the law.
4. You must adhere to any caps or limitations on the amount of damages you can recover.
Limitations on Damages
If the government exhibited negligence that resulted in an accident or injury and you pursue a personal injury claim against that government agency, there may be caps or limitations on the amount of damages you can recover. All government entities, including State, and local, have enacted statutes that protect themselves from liability and damages resulting in personal injury claims against them. These limits and protections may vary depending on the specific government entity and municipality in which the claim is brought. You can’t collect pre-judgment interest on a claim against a government entity, and you can only recover specific damages that are objective and quantifiable, such as medical fees, rehabilitation costs, and lost wages. You cannot pursue general damages, which includes compensation for pain, suffering, and loss of enjoyment.
Should I Consult a Lawyer for Help?
You should consult with an attorney who specializes in claims stemming from personal injury on government property. At Scher, Bassett & Hames, we can carefully review your case and determine if it is worth pursuing. An experienced attorney can give you a better chance of a favorable outcome in court. We know how to navigate the complex legal system and will ensure that you meet all deadlines and follow all rules.
Call Our Legal Team at Scher, Bassett & Hames
If you’ve been injured in a slip and fall on government property and are interested in filing a personal injury claim, call us at Scher, Bassett & Hames today. Our experienced legal team can give you the best chance of a favorable outcome. To set up a free consultation or learn more about our personal injury attorneys in San Jose, CA, call us or contact us online.