What happens if you are injured by a federal government employee? What if you are injured in a traffic accident involving a Post Office employee, such as the mailman? What if the VA Hospital commits malpractice on a loved one? Or you have a slip and fall at the federal courthouse? Do you have a claim for injuries? The answer may very well be yes. However, your only option may be to sue the federal government under the Federal Tort Claims Act (FTCA).
The FTCA allows you to file certain lawsuits against the government, but there are very specific rules and procedures that must be followed. The federal government pays millions of dollars every year to settle FTCA claims, so it may very well be worthwhile to pursue a claim. It can be quite complicated to navigate the FTCA, so it is a good idea to contact an experienced personal injury attorney to guide you through the process.
First, you must file a claim with the federal agency responsible for the negligent conduct. The easiest way to prepare your claim is to use the federal government’s standard claim form, known as a Standard Form 95 or SF 95. You have two years from the time your claim arises to file your claim with the appropriate federal agency. You should file your claim as soon as possible to avoid any chance of it being rejected as untimely.
Your claim must include detailed facts about your case sot that the federal agency can properly investigate the claim. You must also state the exact amount of money damages you are claiming.
Once your claim is submitted, the federal agency has six months to rule on it. If they reject your claim or refuse to pay all the money damages you demanded, you have six months from the date of their decision to file a lawsuit. If the agency fails to rule on your claim within six months, you have the choice of either awaiting the agency’s decision or going ahead with your lawsuit.
Obviously, making a claim under the FTCA involves very specific procedures that must be closely followed in order to preserve your claim. You should contact an experienced car accident lawyer in Tampa, FL who has handled FTCA claims for a free consultation as soon as possible.
Thanks to Jeff Murphy Law for their insight into personal injury and the federal tort claims act.