How to File a Personal Injury Claim Against a Public Entity
June 23, 2025
Experiencing an accident is always stressful, but when it involves a public entity, the process of seeking justice and fair compensation can feel especially daunting. Whether you were injured because of poorly maintained public property, a negligent government employee, or hazardous conditions on public premises, it’s important to know you have rights. You can take action to hold public entities accountable by filing a personal injury claim.
By understanding your options, you can focus on what matters most: healing and moving forward.
Understanding Public Entity Liability
A public entity can include government agencies, municipalities, school districts, transportation authorities, or other divisions of state and local government. If you’ve been hurt due to negligence—for example, slipping on an icy sidewalk outside a government building, being involved in a vehicle collision with a city bus, or falling on unsafe playground equipment at a public park—you may have the right to file a personal injury claim against the public entity responsible.
However, suing a government for injury is often more complex than filing a claim against a private person or business. Public entities are generally protected by laws known as “sovereign immunity,” which shield the government from certain types of lawsuits. While these laws exist, there are exceptions that allow for claims when negligence causes harm. Knowing these exceptions is key to pursuing compensation.
Key Steps in Filing a Personal Injury Claim Against a Public Entity
Filing a personal injury claim against a public entity involves several specific requirements. Missing a deadline or completing a step incorrectly could prevent your claim from moving forward, so it’s important to proceed carefully. Here’s how you can begin the process:
Determine Who Is at Fault
The first step is identifying the specific public entity or agency that played a role in causing your injury. For example, if your injury occurred on a city-owned sidewalk, the local municipality might be responsible. If you were injured while using public transportation, the transportation authority could be the liable party.
Understand Legal Deadlines
Claims involving public entities have unique and strict deadlines known as “notice requirements.” Unlike personal injury cases against private individuals, you typically must file a notice of claim with the government agency within a short time frame. This can range from just 30 days to six months, depending on the jurisdiction. Missing this deadline could prevent you from pursuing your case, so it’s critical to act quickly.
File a Notice of Claim
Before you can sue the government for injury, you’re required to inform the responsible agency about your intention to file a claim. This is done by submitting a notice of claim, which should include:
- A clear description of the accident and how it occurred.
- The date, time, and location of the incident.
- Details about the injuries you’ve sustained.
- The amount of compensation you are seeking.
- Your contact information.
Be as thorough as possible in this notice. Once it’s filed, the public entity will investigate your claim and decide whether to accept or deny it. You’ll typically receive a response within a specified period, such as 45 days.
Prepare for a Possible Denial
If the government agency denies your claim or fails to respond within the permitted time, you may proceed with filing a lawsuit. This step requires filing a formal complaint in court, which outlines the details of your case and why you believe the public entity should be held liable for your injuries.
At this point, it’s highly advisable to have experienced legal representation to help build and present your case. Lawsuits involving public entities come with additional complexities, and successfully navigating the court process requires a legal strategy tailored to your situation.
Document Everything
From the very start of your injury claim, keep detailed records of everything related to your accident and recovery. This includes medical bills, reports from doctors, receipts for expenses like physical therapy, photographs of the accident scene, and witness statements. It’s also important to keep copies of all correspondence with the public entity and any legal filings. The more evidence you have, the stronger your case will be.
Recognize Special Rules for Public Trials
If your case goes to trial, know that suing a government for injury often involves additional rules and protections for public entities. This includes limits on the type or amount of compensation you can receive. For instance, some states cap total damages for public entity lawsuits, which can affect the outcome of your case.
Discuss Your Case with a Trusted Personal Injury Lawyer
If you or a loved one has suffered an injury due to negligence by a public entity, you deserve answers, support, and compensation. The personal injury lawyers at Wapner Newman have years of experience helping injury victims hold public entities accountable. We understand how overwhelming this process can feel, and we’re here to guide you every step of the way. Contact us today at (215) 569-0900 or through our online form for a free consultation and learn how we can fight for your rights.