The details of a premises liability injury claim matter greatly in any case, and possibly even more so in a claim against a government entity. Government agencies and their employees do have a level of immunity in some instances, but the general laws regarding premises liability and personal injury still apply when claims are filed. These seemingly small issues can also have a major impact on a personal injury claim, and it is always vital to retain effective legal representation from a Los Angeles premises liability attorney who understands what to expect as a defense.
General Premises Liability Claim Rules
The same rules establishing responsibility for a personal injury apply to the government as well as private property owners or business managers. Your premises liability lawyer Los Angeles must prove the respondent had a duty of care and the respondent failed in that responsibility either by action or inaction. Once the general responsibility is proven, the next step will be determining if the claim was filed within time limitations and whether or not the government was immune from the claim. The amount of time allowed for a personal injury claim submitted to a government agency is much shorter than a standard injury claim, and cases can be summarily dismissed for not meeting the deadline. Additionally, the agency also has a response window that must expire before a lawsuit can be filed.
When Immunity Applies
While physical structure rules may apply in general, actions by employees that are performed as part of their job duties will typically exempt the employee from illegal action. Employees must intentionally go outside of their job requirements to deem the government responsible for an injury. Details are significant in determining liability, and your Los Angeles personal injury lawyer from Gutierrez Law will understand how to craft a case using applicable material case facts that could counter immunity claims from the government agency.
Financial damages can also be different in a personal injury claim against the government. Standard compensation for medical bills and lost wages when they apply can be claimed, and general damages for pain-and-suffering are available as well. However, punitive damages are often not available for the typical premises liability injury claim.
Contact an Experienced Premises Liability Attorney Los Angeles
While personal injury claims can be submitted to a government agency without legal counsel, this rarely bodes well for the claimant. Always retain an experienced premises liability attorney like Gutierrez Law Firm who have a solid track record of results for their clients when dealing with the government.