If you believe that you have suffered a serious injury as a result of carelessness or negligence on the part of a government agency or a government employee, you may have a legal basis to sue to cover costs of medical treatment and other accident-related damages you suffered. However, it is more difficult to sue the government, due to something known as “sovereign immunity.”
Sovereign immunity is essentially stating that the king has immunity from all lawsuits, meaning that the king cannot be sued for personal injury, which translates into the state not being liable for personal injury. This is a concept inherited from the time the English ruled our country.
In Pennsylvania, we have the Pennsylvania Sovereign Immunity Act, which essentially states that the Commonwealth of Pennsylvania is for the most part immune from being sued for personal injury damages. There are, however, situations in which this law is not applicable, including but not limited to the following:
- Medical malpractice at the hands of a state health care employee, including a doctor, nurse, or a state medical facility or other entity
- Motor vehicle liability, when a state employee while employed by the state acts negligently while driving or otherwise in possession of a state vehicle
- Dangerous conditions caused by negligent upkeep of roads, leading to potholes or sinkholes
- Negligence with regard to animals in possession or under control of the state
The Sovereign Immunity Act also limits recovery in a lawsuit to $250,000 for an individual who has suffered serious injury, to $1,000,000 “in the aggregate.”
Damages allowed include medical and dental expenses, pain and suffering, past and future earnings loss and the loss of the capacity to earn, most types of property loss, and loss of consortium.
Questions About Suing the Government for a Personal Injury? Personal Injury Attorney in Media, PA: (610) 565-0240
Understand your rights relating to an injury you suffered due to negligence on the part of a government entity or employee. At the Law Offices of John E. Kusturiss Jr., in Media, Pennsylvania, you will find attorneys who have represented many individuals who have suffered injuries caused by negligence on the part of a government official or agency. We offer a free initial consultation that will help you understand your rights and answer your questions. Please call (610) 565-0240 or email us to schedule your meeting.
If there is a legal basis to file a claim for compensation to help you pay for all medical treatment and other accident related damages, you may be assured that we will pursue justice to the full extent of the law on your behalf.
We also practice family law and criminal defense law, representing clients throughout Springfield, Chester, Upper Darby, Ridley Park, Newtown Square, and Havertown, PA.