Your Hometown Lawyers
Photo of Michelle R. Harrison and Chadwick D. Medlin

Filing a claim if you sustain an injury on government property

On Behalf of | Nov 25, 2024 | Injuries |

You can pursue compensation if you suffer an injury on government property in Georgia. However, the process has special steps because the law protects the government. This guide will help you understand what to do.

Understand sovereign immunity

Sovereign immunity means you cannot sue the government without their approval. However, the Georgia Tort Claims Act (GTCA) lets you hold the government responsible if your injury resulted from the government’s negligence.

Steps to take after an injury

Do these essential things if you sustain an injury on government property:

  1. Get medical help immediately and record your injuries and treatments.
  2. Tell the appropriate government office about what happened.
  3. Get proof from the scene, such as photos, witness statements and documents.
  4. Send a notice of claim within 12 months.
  5. Consider talking to a lawyer who knows about these kinds of cases.

These steps will help you prove what happened and meet all the legal rules.

Proving negligence

To win your case, you must show that the government knew or should have known about the danger. You also need to prove they did not remedy this danger immediately upon discovering the danger — leading to your injury.

Filing a lawsuit

You can sue if the government refuses to compensate your claim or does not answer in six months. The GTCA says you must file a lawsuit in the state court that has jurisdiction over where the injury happened.

Pursuing a successful claim

Suing the government in Georgia can be challenging because of sovereign immunity and strict regulation. Remember, you can sue the government in Georgia if you sustain an injury on their property.

However, you need to prepare well and understand the process. Enlist legal help to protect your rights and get the compensation you deserve.

Archives

FindLaw Network