The Federal Tort Claims Act, or FTCA, applies when a person, referred to as a private party, is injured due to the negligence of the US Government. There are specific instances that are covered by the FTCA, which will be detailed below. When a private party is injured due to the negligence of a U.S. government employee, the government will assume all associated liability rather than the specific employee at fault.
Eligible claims must meet the following criteria:
- The personal injury must have been caused by an official U.S. government employee (not a contractor).
- The federal employee in question must have been acting within the scope of his or her duties.
- The federal employee in question must have acted wrongfully or with negligence.
- The negligence or wrongfulness was the cause of the injury.
When trying to file a personal injury lawsuit against the government, there is a specific method to follow. First, a personal injury lawsuit under FTCA has to be filed with the department in which the at-fault employee works. For example, an injury that happened at a post office would need to be filed with the U.S. Postal Service. Second, the statute of limitations on this type of claim is two years, meaning all facts, details, reports of damages and documentation needs to be filed within that time. At this time, the agency representing the government’s party has six months to respond. If the agency agrees with the claim, they can choose to settle immediately rather than take the issue to court. In fact, over 95% of cases filed are settled immediately. However, not all cases are settled immediately. If the agency denies the claim, the private party has six months to file an official lawsuit, meaning you may need to consider hiring an attorney.
Spiros Law, P.C. can be beneficial to you in the process of filing a lawsuit under the Federal Tort Claims Act. An attorney who has experience in these cases will work to get you the best possible outcome in your case against the government agency. Call Spiros Law, P.C. at (217) 328-2828 to set up a consultation with one of our dedicated personal injury lawyers today.