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November–Article–FAQs For Suing the Government
David DuhrThe federal government may be held responsible for causing injury, death, or property damage. under what is called the Federal Tort Claims Act (FTCA). Under what is called sovereign immunity, the federal government is generally immune from lawsuits. However, the Federal Tort Claims Act works to right this imbalance by making it possible to sue the government as if it were a private person.According to the Federal Tort Claims Act, the federal government may be liable for injury, death, and property damage under certain conditions.The Federal Tort Claims Act allows the United States government to be sued for negligence that causes injury, death, or damage to property. However, winning a Federal Tort Claims Act medical malpractice
suit against the federal government may be a complicated and time consuming process.. Below are nine frequently asked questions which will help you take the proper steps.
Who may file a Federal Tort Claims Act medical malpractice claim against the government ?Generally, any person or entity , whether a U.S. citizen or not, who has suffered injury, death, or property damage of negligence or wrongful acts by a federal employee. However, there are two main exceptions: 1) active duty personnel acting incident to service who become injured or are killed are excluded from winning a claim under what is called the Feres doctrine. Federal government employees who are injured on the job are covered by federal workers compensation and their avenue of recovery lies there.
At what point should I contact an attorney?
As soon as possible. The statute of limitations to file a suit under the Federal Tort Claims Act is two years. It takes time to gather documents and evidence, so it is crucial to allow an attorney enough time to properly evaluate your potential claim.
What is the process for filing a claim?
A federal tort claim must first be filed with the appropriate administrative agency, most often the agency at which the offending employee works. After the agency receives the claim there is a six month period where suit cannot be brought. If the claim is not resolved within those six months, a suit may then be filed against the U.S. government.
Is the process of filing a claim difficult?
The government employs highly-skilled attorneys who will vigorously defend each case. That’s why it is important that you consider hiring an attorney experienced in Federal Tort Claims Act medical malpractice
Are there repercussions for filing a claim against the government?
By passing the Federal Tort Claims Act, Congress gave explicit permission for suits against the federal government. A federal tort claims act case is a legal, proper, and civilized way to attempt to resolve a dispute involving injury, death, or property damage caused the federal government.
Am I unpatriotic for filing a Federal Tort Claims Act medical malpractice suit?
No. The Federal Tort Claims Act was created so that parties injured by a government agency have some recourse. Filing a claim might even prevent similar damages to others in the future.
Can I also sue the U.S. government in small claims court?
You are not allowed to sue the federal government in any state court without consent.
What if I live in a different city, state, or country from where the injury occurred?
Where you live is generally not a problem. In fact, it may give you additional options as to where your suit may be filed.
Should my attorney have experience in suing the federal government?
Experience is important. Trial experience is important. Many attorneys do not actually try cases against the federal government, they only settle them. It is important to consider the attorney’s successful trial experience against the government. Suing the government may be a difficult, arduous process. It also has many traps of which a less experienced attorney may not be aware.
It is essential to know your rights when you’ve been harmed by an agency or employee of the federal government. If you or a loved one has been injured due to US government negligence, find out how the law offices of Archuleta, Alsaffar, & Higginbotham may be able to help you recover under the Federal Tort Claims Act.
Archuleta, Alsaffar & Higginbotham handles injury and malpractice claims under the Federal Tort Claims Act. If you or someone you know has been harmed by a federal employee because of negligence, contact the offices of Archuleta, Alsaffar & Higginbotham or visit Govtclaim.com