When you sustain an injury due to a negligent party, you may decide to file a personal injury claim. However, if the negligent party in this instance is a government entity, this process will greatly differ. As such, it’s essential to know how to proceed. The following blog explores what you must know if you’re injured by a municipality and how a Pikeville, KY personal injury lawyer can help you recover the compensation you’re entitled to.
Can I Sue a Government Entity in Kentucky?
You may sustain severe injuries if you slip and fall in a municipal building due to an unmarked wet spot or if a government vehicle collides with your car. As such, you are eligible to sue a municipality in Kentucky. However, there are some differences in what damages you can pursue.
Generally, you may find the Kentucky Claims Commission, or the group that hears claims against government entities, will hear most kinds of lawsuits. However, there are specific claims the commission will not hear. This includes claims on behalf of someone other than the injured party who filed the claims and damages for mental anguish.
It’s also important to understand that if you file a lawsuit against a government entity, there is a cap on the damages you can be awarded. This limit is $200,000 per claim or $350,000 if there are multiple claims.
How Do I File a Lawsuit Against a Municipality?
If injured on state, county, or city property, understanding how to proceed with a claim is vital. Generally, you must first file a Notice of Claim within 60 days of the injury sustained on municipal property. This essentially informs the city or state that you intend to sue for damages.
Your Notice of Claim must include the date and location you sustained your injury, the circumstances surrounding the accident, the injuries you suffered, and the losses you have sustained. You must also include the amount of damages you seek as a result. Be sure to check with the municipality where your injury occurred, as some have different requirements on what to include in this notice.
Once you file a Notice of Claim, you can proceed with the lawsuit. You must file within the statute of limitations, which in Kentucky is one year. You relinquish your right to pursue compensation if you do not file within this time frame. As such, you must take immediate action.
Regardless of who the negligent party is, they deserve to be held responsible for the injuries you’ve suffered. When you need help getting the compensation you deserve, Shane Hall, Attorney at Law, can help. We understand how challenging these times can be for you and your family. As such, we will do everything possible to help you recover the damages you deserve. Contact us today to learn how we can support you through this time.
