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 LIVESMillions Recovered on Behalf of Our Clients
Bal Harbour Residential Building Collapse Confidential Settlement
Child Injury by Medical Malpractice by U.S. Naval Hospital $1,000,000
A Federal Tort Claims Act settlement for a child injured by medical malpractice while being treated at a United States Naval Hospital in Jacksonville, Florida.
Child Misdiagnosed in U.S. Naval Hospital $6,000,000
A Federal Tort Claims Act settlement for a little girl who lost her legs and one of her arms, and the use of her other arm, as a result of a misdiagnosed cases of meningococcal meningitis at a United States Naval Hospital in Maryland.
Defective Products Confidential Settlement - Products Liability Resulting in Amputation.
Sex Abuse Confidential Settlement - Sexual Assault on Children
Medical Malpractice Eight-Figure Settlement for Failure to Timely Treat a Heart Attack
After successfully opening and stenting a 53-year-old man's blocked artery, while in the recovery room, the patient suffered another heart attack, but this time it took medical staff nearly 90 minutes to get him back to the catheterization lab. Due to the delay, his heart stopped. He was revived in the operating room, but he suffered a hypoxic brain injury, causing massive brain damage.
Medical Malpractice Eight-Figure Settlement for Victim of Nursing Medical Malpractice
A middle-aged woman was in a hospital recovering from a brain aneurysm. While recovering in her hospital room, she grew agitated and began pulling on the tracheostomy tube connected to her neck. The nurse on duty documented that she was pulling at her tubes six different times in 24 hours, and yet did nothing to prevent her from being able to dismantle the tubes.
Hotel & Resort Liability Eight-Figure Settlement in Premises Liability Case
A Massachusetts man was visiting Key West, Fla. for vacation. During his time at a resort restaurant and bar, the tourist jumped into the water adjacent to the property and severely injured his neck, leaving him quadriplegic.
Florida International University Pedestrian Bridge Collapse $100,000,000
Judgment on Behalf of Miami Doctor $1,750,000
A $1.75 million vehicle collision judgment in Volusia County on behalf of a Miami doctor who was permanently injured as a result of an automobile accident.