Peace of Mind Should You Need to File a Claim Against the Federal Government
Published on:October 22, 2014

 

Filing A Claim Against The US Government SgarlatoAccidents that create personal injury to you can be caused by anyone. Even a Federal Government employee. You of course will want to protect yourself and your loved ones from extensive monetary costs. But can you file a lawsuit against the Federal Government for personal injury? You can, if the Government will permit it. Filing a personal injury claim against the Government is a bit more complex than filing a claim against someone of the public population. The very first thing you should do is find out whether the circumstances causing you to file a claim are stated in the Federal Tort Claims Act (FTCA). If the FTCA allows you file a lawsuit, you may.

When filing any type of personal injury claim or lawsuit, it’s advisable to hire a personal injury attorney to help you benefit the best outcome possible. This is even more important when dealing with claims against the Federal Government. The FTCA has strict limitations on claims, such as filing requirements and much stricter timeline limitations. The harm that was caused to you must have been caused by an actual federal employee, not an independent contractor. The federal employee must have acted wrongfully or negligently.

While Staten Island has the usual three year limitation on filing a claim, the Federal Government has only a two year limitation. This is very important to remember when deciding to contact a personal injury lawyer. It is also important to file the claim with the correct federal government agency that the person is employed with. There are certain procedures that the FTCA has strictly set up. If not followed correctly, your claim could be denied simply because the proper protocol was not followed. Your attorney can ensure that these protocols are being followed by following the guidelines set forth in the government form SF 95.

After you’ve submitted your claim to the correct governmental agency, it has six months to notify you if they’ve admitted or denied your claim. Should the agency admit the claim and pay the agreed upon settlement amount, you can avoid filing a lawsuit. If they deny your claim and refuse to pay the amount of damages you’ve presented, you’ll have to file a lawsuit. Here again, the FTCA has very strict guidelines. You must file your lawsuit within six months from the date that the agency mailed their decision to you. Another important point to remember is that you can’t ask for punitive damages under the FTCA guidelines; you may only ask for the same amount you requested when you filed the claim with the originating agency. Lawsuits that are being filed against the federal government need to be filed either where the incident occurred or in the U.S. District Court in the area that you live.

Law proceedings of any kind can be intimidating. Should you need to file a personal injury claim with the federal government, seek counsel with a personal injury attorney. The FTCA law is very complex with all its deadlines and requirements. Working with a personal injury lawyer will not only give you peace of mind, but ensure you’re getting all that you’re entitled to from your claim.