Since 1988, Grossman Roth Yaffa Cohen has represented clients in lawsuits against negligent government entities. Our firm has a proven track record of success, winning millions of dollars in rightful compensation for our clients.
Miami Federal Tort Claims Act Lawyer
Representing Victims of Negligence in Lawsuits Against the U.S. Government
The Federal Tort Claims Act (FTCA) empowers civilians and non-active-duty personnel to sue the United States government after suffering injuries because of negligence. Whether you were harmed because of the actions of a federal agency – such as the Veteran’s Administration (VA) or the Postal Service – or by the actions of one specific employee, the FTCA provides a waiver of “sovereign immunity” in certain specific cases and allows citizens to hold negligent government agents accountable.
Needless to say, filing a lawsuit under the FTCA is a complicated matter and can depend on many different circumstances and factors. Increase your chances for justice by choosing a qualified trial law firm with federal court experience. Our Miami FTCA team at Grossman Roth Yaffa Cohen brings significant experience to the table and a track record of success before federal judges. You gain from our decades as trial lawyers trying FTCA cases in the Southern District of Florida and across the United States.
Contact us right away at (866) 629-1061 or submit our online contact form if you are interested in exploring a claim under the Federal Tort Claims Act.
When Is a Government Agency Liable for My Injuries?
It is simply not always possible to sue the U.S. government, due to the principle of sovereign immunity. However, in some cases you may be entitled to compensation if you have been injured, lost property, or experienced the death of a loved one because of the actions or negligence of a U.S. government employee.
Under the FTCA, you can bring a lawsuit whenever “a private person would be liable to the claimant in accordance with the law of the place where the act or omission occurred.” 28 U.S.C. § 1346(b). There are exemptions for intentional wrongdoing committed by law enforcement officers (such as assault and battery) and for claims about performance of duty. The FTCA is also extremely limited in cases involving active military members, due to a law known as the “Feres Doctrine.”
Some common areas where the FTCA may justify a lawsuit against a U.S. government worker or public agency:
- Slip and fall injuries sustained on government property
- Medical malpractice claims against U.S. government or VA doctors
- Auto accidents with government agents or postal workers
- Premises liability claims for hazardous conditions on government-owned land
How to Start a Federal Tort Claims Act Lawsuit
When you’ve suffered a catastrophic injury or lost a loved one due to one of these forms of negligence, it’s important to review your case with an experienced FTCA attorney as soon as possible. Like most personal injury claims, there will be a “statute of limitations” or timeframe to bring your claim that applies and this can vary depending on your state. From there, there are many law, administrative procedures and complex rules to follow which can make or break your case.
Contact Our Experiened FTCA Attorneys in Miami
As soon as you have suffered an injury from a government entity, you should seek the legal guidance you need from an attorney at our firm. We can delve into the details of your situation to determine the facts regarding any potential government liability. Should it be appropriate, we can then move forward with legal action on your behalf.
At Grossman Roth Yaffa Cohen, we will stand by your side every step of the way. With over 200 years of combined experience bringing lawsuits against private and governmental organizations, we have the knowledge to help you navigate this complex area of the law.
Not sure if you have a claim under the FTCA? Call us as soon as possible at (866) 629-1061 to explore your legal options.
A LEGACY OF CHANGING LIVES
Millions Recovered on Behalf of Our Clients-
Florida International University Pedestrian Bridge Collapse $100,000,000
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Personal Injury Miami-Dade College Parking Garage Collapse
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Bal Harbour Residential Building Collapse Confidential Settlement
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Medical Malpractice Seven-Figure Orthopedic Medical Malpractice
A Punta Gorda, Florida woman in her forties visited an ear, nose, and throat specialist for a check-up due to fatigue. After performing a brief examination, the doctor at the facility recommended that she undergo parathyroid surgery, however he did not order the necessary radiological scan that determines which side of her neck should be operated on. Without that information available, the surgeon began on the wrong side of her neck and did not realize his error until they were well into the procedure.
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Medical Malpractice Seven-Figure Settlement for Woman Who Lost Her Leg After Misdiagnosis
A woman in her sixties was brought to a hospital after she slipped and fell, injuring her leg and causing severe pain. During her treatment, the hospital staff failed to notice that the impact had caused a blood clot behind her knee, which was restricting circulation to the rest of her leg. Over time, the untreated clot cut off blood flow to the point where her leg was beyond saving and needed amputation.
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Medical Malpractice Seven-Figure Settlement for Family of Mother Who Died During Childbirth
In 2015, a 23-year-old mother began experiencing severe complications while giving birth in Charlotte County, Florida. The hospital’s staff did not give her the attention she needed, and failed to realize that her complications required an emergency transfer to a Sarasota County Hospital, which had the needed staff and equipment to treat her. The mother and her unborn child eventually died in the hospital.
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Medical Malpractice Seven-Figure Settlement for Misdiagnosis of a Blood Clot
A 68-year-old man was complaining about pain in his left leg, which was swollen, red, and painful. He went to a local emergency room, and the family asked the doctor if it was a blood clot. The doctor assured the family that it was not a blood clot but was instead cellulitis from a sunburn. When the patient returned home the next day, he died of a pulmonary embolism due to the blood clot that was initially suspected by the family.
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Medical Malpractice Over $1 Million Settlement for Medical Malpractice Victim
A middle-aged man had a history of an aortic aneurysm. His plan was to fly to Stanford University, where a doctor was scheduled to repair the aneurysm. Rather than starting the transfer to Stanford the day he arrived, the hospital waited three days and then failed to get his insurance company to pay for the transfer. Tragically, while the patient was speaking with the insurance company on the phone about the transfer, the aneurysm ruptured, and he died.
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Jury Verdict Against the University of Florida $23,500,000
A $23.5 million medical malpractice jury verdict against the University of Florida on behalf of a woman who suffered a massive stroke when a medical procedure to ease her migraines went wrong.
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Jury Verdict on Behalf of a Former Major League Baseball Star $898,000
A medical malpractice jury verdict on behalf of a former Major League Baseball star against an ophthalmologist for negligence in the removal of a cataract and implantation of an artificial lens in our client’s left eye.
