In both criminal and civil law, a statute of limitations is an important law that sets the time constraint for an individual to take legal action against someone else. If you sustained injuries or damage on government property, you may be wondering whether the statute of limitations remains the same or differs from the time limit of a standard case. Continue reading for more information and consult with a Washington D.C. injury attorney for skilled legal advice today.
Is the Statute of Limitations Different for Injuries Sustained on Government Property in Washington D.C.?
Section 12-301 of the Code of the District of Columbia outlines the time limits for bringing various legal actions. According to this statute, to recover damages for an injury or personal property, you have three years from the date of the incident to initiate legal action. If you fail to file a claim or lawsuit within three years of the injury, you forfeit the right to pursue damages.
In many areas of the country, when an injury occurs on government property, the statute of limitations is reduced in order to protect the government from lawsuits and claims. However, an individual who sustained injuries on government property in Washington D.C. has three years from the date of the incident to pursue legal action. Therefore, no, the statute of limitations is not different for injuries that occur on government property or as a result of a government agency.
With that being said, there are additional time constraints that are important to understand and comply with when dealing with legal action against the government.
What is a Notice of Claim?
In this context, a notice of claim is a written statement drafted and sent by the victim of an accident that informs a government entity of their intent to file a claim or take legal action against them. While the statute of limitations for an injury does not change if it occurs on government property, you are required to send a notice of claim within a strict timeframe.
Washington D.C. Code Section 12-309 states that “an action may not be maintained against the District of Columbia for unliquidated damages to person or property unless, within six months after the injury or damage was sustained, the claimant, his agent, or attorney has given notice in writing to the Mayor of the District of Columbia of the approximate time, place, cause, and circumstances of the injury or damage.”
Within 6 months of the date of the incident, you or a representative must send a written notice outlining the time and place that the situation took place, the details of the accident, and the damages that you are pursuing.
Personal injury law is complex in general and can be even more so when the claim is against a government employee or agency. It is highly recommended that you obtain the help of a skilled attorney when pursuing legal action of any kind. Contact an attorney at Trombly & Singer, PLLC to set up your complimentary case evaluation today.