Pennsylvania - Philadelphia Area Governmental Liability Lawyers
Philadelphia Federal Tort Claims Act Attorneys and Philadelphia Pennsylvania Tort Claims Act Attorneys
Pennsylvania Tort Claims Act Lawyers - Government Liability Lawyers Serving Philadelphia Residents Injured by the State or Municipal Government
An old Latin adage advises "Rex non potest peccare," or, in English, "The King can do no wrong." This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Modern society has changed laws to better reflect a democratic society, and now states can be sued under some circumstances.
The laws dictating what the Philadelphia government can be sued for and how are extremely complicated The basic premise of the Pennsylvania laws are that no part of the government and no one working for the government can be sued for anything done within the discretion of their job. This eliminates many possible types of lawsuits, but leaves room for possibilities when Governments or Government officials fail to enforce your rights.
Pennsylvania has an extensive statute concerning the procedure and rules for suing the state or cities and counties within it. The statute can be found on our Pennsylvania Tort Claims Act Page. The most important thing to know about the Pennsylvania Tort Claims Act is that you must make a claim to whichever agency or entity is responsible within six (6) months of being injured, or you can lose your right to sue.
In order to be found liable, a governmental agency normally must have had some kind of notice of the problem which caused your injury before you were hurt. A Pennsylvania Governmental Liability Attorney will help you understand how the law fits the facts of your case.
Only a qualified Philadelphia governmental Liability lawyer can tell you how these laws fit your situation. Philadelphia Governmental liability laws often come with complicated requirements for quickly giving the government notice of the suit. You should contact a Philadelphia Governmental Liability lawyer as soon as possible if anything done by any government or person working for the government has caused you injury.
The most common type of claim against the City of Philadelphia is a slip and fall claim. This type of claim occurs when you are injured on a property owned by the city of Philadelphia such as:
Federal Tort Claims Act Lawyer - Serving Pennsylvania Residents Injured by the Federal Government
Just like Pennsylvania, the Federal Government traditionally enjoyed sovereign immunity, and therefore those injured by actions of the federal government could not sue to recover damages. However, the federal government was the largest employer in the United States and many injured employees of the federal government needed compensation for their injuries. In addition, many people not employed by the federal government were also being injured by it and they too needed compensation. For example, if a federal government employee was negligently driving a car and injured a Philadelphia resident, that person would likely need to seek damages from the federal government to compensate them for their injuries. This is just one example of a myriad of ways in which the issue of federal government liability arose over the years. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA differs from the Pennsylvania Government tort claims act, but works the same way no matter what state you sue in.
- Prior to filing suit under the FTCA, a claimant must present his claim to the federal agency out of whose activities the claim arises. 28 U.S.C. Sec. 2675;
- This must be done within two years after the claim accrues. 28 U.S.C. Sec. 2401.14;
- If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C. Sections 2401;
- No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim;
- Suits under the FTCA are tried without a jury. 28 U.S.C. Section 2402;
- An agency may not settle a claim for more than $25,000 without the prior written approval of the Attorney General or his designee;
- United States attorneys are authorized to settle claims in amounts up to $1 million; and
- A court may not order the United States to pay a claimant's attorneys' fees unless the court finds the United States to have acted in bad faith. 28 U.S.C. Sec. 2412(b).
The FTCA applies to many government employees that are injured. For example, postal workers in Philadelphia are often injured and seek the help and advice of Philadelphia Postal Service injury lawyers. A variety of other government employees and private residents of the Philadelphia County and Philadelphia areas may also be injured by actions of either the federal, state, or municipal government. If you, or a loved one, has suffered an injury due to the negligence of the government, or while on the job as a government employee, call one of the Philadelphia governmental liability lawyers on this page for a consultation.
To read the statutes in the Federal Tort Claims Act, click here.
The following Philadelphia, PA area courts are Pennsylvania state property. This means that injuries suffered at these courts fall under the Pennsylvania Tort Claims Act:
Some situations that often lead to Pennsylvania Governmental Liability include:
|Slip and fall cases||Broken elevators and escalators||Fire Damage||Wrongful Eviction|
|Contractual Disputes||Wrongful Acts||Errors and Omissions||Malicious Prosecution|
|Professional Liability||Garage Liability||Foster Parent Liability||Wrongful Entry|
ThebvvGovernmental Liability for Civil Rights Violations - Including 42 USC Section 1983
Pennsylvania's State Government, as well as Philadelphia County and City governments can be held liable under certain circumstances for civil rights violations. Some types of violations include:
|Illegal Imprisonment||Illegal Detention||Retaliation for reporting discrimination|
Contact a Philadelphia Governmental Liability Attorney today to get the money you deserve.
Serving clients throughout Southeastern Pennsylvania, including Abington, Allentown, Ardmore, Bellmawr, Bensalem, Berwyn, Blackwood, Boothwyn, Bristol, Burlington, Cheltenham, Cherry Hill, Chester, Cinnaminson, Claymont, Collingswood, Conshohocken, Croydon, Darby, Edgewater Park, Fairless Hills, Fairview, Feasterville, Glenside, Gloucester City, Greentree, Gulf Oil, Hamilton Square, Havertown, King of Prussia, Lancaster, Levittown, Lindenwold, Mantua, Marlton, Marple, Media, Merion Station, Moorestown, Newark, Newtown Heights, Norristown, Paulsboro, Pennsauken, Philadelphia, Prospect Park, Radnor, Ramblewood, Reading, Riverside, Runnemede, Springfield, Sun Oil, Trenton, Village Green, Voorhees, Warminster, Whitemarsh, Willingboro, Willistown, Wilmington, Woodlyn, areas in the vicinity of Boeing, CSX-Philadelphia, Northeast Philadelphia Airport, Philadelphia International Airport, Port of Philadelphia-Tioga, US Steel, Westinghouse, and other communities in Philadelphia County.