Following an accident on another person’s property, you can file a personal injury lawsuit against the individual or entity responsible for causing your injuries. In typical premises liability cases, you might seek compensation from private individuals or businesses. However, the process of pursuing a claim against a government entity is much different. You must comply with the State Tort Claims Act to recover compensation.
These claims are typically more challenging than the average injury case, as the state has many protections under the law that individuals do not possess. Fortunately, a skilled premises liability attorney can help you navigate these laws to obtain the compensation you need. With an Omaha public property injury lawyer by your side, you can increase your chances of a successful outcome in your case.
Understanding the Nebraska State Tort Claims Act
Without the State Tort Claims Act, you would not be able to pursue a lawsuit against a government entity. When government employees cause property damages and bodily injuries, the state is only liable if the law dictates it.
Nebraska Revised Statute Section 81-8,210 defines the terms of the State Tort Claims Act. According to the statute, you can pursue monetary compensation stemming from property loss, bodily injury, or death.
However, legal provisions such as the Claims for Wrongful Conviction and Imprisonment Act may bar your case. An experienced lawyer can provide more information about the Nebraska State Tort Claims Act and how it impacts your property injury case.
Common Accidents Related to Public Property in Omaha
There are few restrictions on the type of accidents that could warrant a lawsuit under the State Tort Claims Act. You may seek compensation for any injuries that a negligent state employee caused you.
Car accidents are common incidents that result in public property claims. For example, you might file a claim if a reckless state employee operating a government-owned vehicle crashes into your car.
Slip and falls on government property are also common causes of these types of claims. Additionally, if the state failed to protect you from hazards on government property such as abrasive chemicals, you might have a valid case. An Omaha attorney can help you better understand your rights after suffering a public property injury.
Proving Liability with the Help of an Attorney
To prove liability, you must show that a negligent government employee injured you while acting in his or her official capacity. You may not pursue an injury claim against a government entity solely because the at-fault party is a state employee. After reviewing all relevant evidence, a legal professional at Berry Law can determine whether you have the right to seek compensation from the state.
Talk to an Omaha Public Property Injury Attorney Today
The process of holding a city or state government accountable for your injuries can be complicated and time-consuming. Despite these challenges, you can build a strong case for compensation following an injury with the help of an Omaha public property injury lawyer.
Our legal team at Berry Law can assess your situation and advise you of your rights. Call right away to discuss your case during a free consultation.