In Pennsylvania, all accident victims have a two-year window to file a formal claim in court. This stipulation applies to all personal injury claims, except cases against any government agencies. With these claims, victims are restricted to a six-month limitation.
Where to Start
Your first question in terms of personal injury claims is, “Where must my case be filed?” You’ll file your claim in the county that has jurisdiction over the case. This is typically the county in which the injury was produced.
Filing Against Government Agencies
At any time that you’re filing a claim against a government agency, your attorney must file a notice of claim. This is the first step for your lawsuit. It must be filed within thirty days. You must ensure that the individual identified in your claim isn’t immune from the associated form of litigation.
What is Sovereign Immunity?
The state of Pennsylvania identifies certain conditions in which sovereign immunity is valid in an injury claim. This includes auto accidents, premise’s liabilities, and animal attacks. For the official to be immune, the auto mobile, real property, or animal must be in the possession, control, or care of the identified government agency. In these instances, accident victims cannot collect punitive damages from the government agency.
What is the Federal Tort Claims Act?
These laws make it possible for an accident victim to file a lawsuit against the federal government under certain conditions. If the accident occurred while a federal employee was performing his or her job duties, the victim retains the right to file a claim. Premise’s liabilities that occur on federal property while the identified location is conducting daily business, it falls under the same guidelines as a standard property-based accident case. In these instances, you should ask your preferred attorney, “Where must my case be filed?”
New legislation, which passed in recent years, provided accident injuries with no more rights in terms of federal injury cases. However, special rules and stipulations apply to the way in which claims are filed. It’s only after the initial notice of the claim is denied that the victim can push forward with the litigation process. To file a claim against a federal official or government agency, you should contact your preferred attorney today.
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