If you were injured because of the negligence of a government employee or agency in Pennsylvania, you might be able to recover compensation through a government tort claim. These claims are different from regular personal injury cases, however, and have specific deadlines and procedural requirements that must be followed.
Learning about how government tort claims work is essential to protecting your rights. Missing a single step could mean losing your chance to pursue compensation altogether.
What Is a Government Tort Claim?
A government tort claim is a type of personal injury claim filed against a government entity for harm caused by their actions (or failure to act in some situations). Normally, governments are protected from lawsuits under the doctrine of sovereign immunity, which means they can’t be sued without their consent.
However, state law allows exceptions to this immunity in limited cases, which are outlined in Chapter 85 of the Pennsylvania Statutes. If your injuries were caused by a government employee or public agency acting within the scope of their work, you may have a right to file a tort claim against them for compensation.
When Can You Sue the Government in Pennsylvania?
You cannot sue the government for just any type of accident. Pennsylvania law only allows claims under specific exceptions to sovereign immunity.
For state agencies, these include:
- Car accidents caused by state-owned vehicles
- Medical-professional liability
- Control of personal property
- Dangerous conditions on public real estate
- Potholes and other road hazards
- Liquor store sales leading to injury
- Harmed animals
- National Guard activities
- Toxoids and vaccines
- Sexual abuse
Local governments can be liable for:
- Motor vehicle accidents
- Control of personal property
- Damage to real property
- Trees, traffic controls, and street lighting
- Utility service facilities
- Streets and sidewalks
- Harmed animals
- Sexual abuse
If your case doesn’t fall under one of these categories, it’s likely barred by immunity. However, as these rules are complex, it’s important to speak with an experienced Pennsylvania personal injury lawyer to determine whether your situation qualifies.
Notice Requirements for Pennsylvania Tort Claims
Before you can file a lawsuit against a government entity, you must first provide written notice of your claim. This is one of the most critical steps in the process.
Under 42 Pa. C.S. § 5522(a), you must file a written notice within six months of the date of your injury. For claims against the Commonwealth, notice must be provided to both the government agency involved and the Pennsylvania Office of Attorney General. Claims against local government entities must be served on the appropriate local agency. The notice must include:
- Your name and address
- The date, time, and place of the incident
- The name and address of your attending physician
Failing to submit this notice on time can prevent you from filing a lawsuit later. The six-month deadline is much shorter than the typical two-year statute of limitations for most personal injury lawsuits in Pennsylvania.
Limits on Compensation
Pennsylvania law limits how much you can recover in a government tort claim.
For claims against the Commonwealth, the maximum recovery is:
- $250,000 per person
- $1,000,000 per incident (no matter how many people were injured)
For claims against local governments, the limit is $500,000 aggregate per incident.
What Damages Can I Recover From a Government Tort Claim?
You can generally recover both economic and non-economic damages in a claim against the Commonwealth, including:
However, punitive damages are not allowed in any government tort claim.
Proving Negligence in a Government Tort Claim
To succeed in most government tort claims, you must prove that the government acted negligently and that its actions directly caused your injury.
The standard elements of negligence still apply:
- Duty of care: The government entity owed you a legal duty to act safely or maintain its property.
- Breach of duty: The entity or employee failed to meet that duty.
- Causation: The breach of duty caused your injuries.
- Damages: You suffered measurable harm as a result.
For example, if a city vehicle ran a red light and hit your car, the city could be liable for failing to operate the vehicle safely. Alternatively, if a public sidewalk was left in a dangerous condition and caused a slip and fall, you could bring a claim against the municipality responsible for maintaining it.
Contact a Harrisburg Personal Injury Lawyer at Marzzacco Niven & Associates for Help With Your Government Tort Claim
If you were injured because of a government agency’s negligence, you may still have legal recourse. Pennsylvania law provides a path to compensation in certain cases, but only if you act quickly and follow the required procedures.
Contact Marzzacco Niven & Associates at (717) 231-1640 for a free consultation with an experienced Harrisburg personal injury attorney. The sooner your lawyer can get to work on your claim, the better.