Fighting the Government for Victims of Negligence.
Civilians and non-active-duty personnel can sue the United States government if they’ve been injured because of negligence under the Federal Tort Claims Act (F.T.C.A.). Whether you were harmed by actions of a federal agency like the V.A. or Postal Service, or by the actions of one specific employee, the F.T.C.A. allows citizens to hold negligent government agents accountable.
Filing a lawsuit under the F.T.C.A. is a complicated matter which depends on many different factors. Increase your chances for justice by choosing a qualified trial law firm with federal court experience. Our F.T.C.A. team at Grossman Roth Yaffa Cohen brings significant experience to the table and a track record of success before federal judges.
Grossman Roth Yaffa Cohen stands ready to help. Contact our experienced team today to schedule a free consultation.
It is 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 F.T.C.A., 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 F.T.C.A. is also extremely limited in cases involving active military members, due to a law known as the “Feres Doctrine.”
Some common areas where the F.T.C.A. may justify a lawsuit against a U.S. government worker or public agency include:
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 F.T.C.A. attorney as soon as possible. Like most personal injury claims, there is a limited timeframe to bring a claim, called a “statute of limitations.” This can vary depending on your state. There are also many laws, administrative procedures, and complex rules to follow which can make or break your case.
The Federal Tort Claims Act (FTCA) is a critical piece of legislation allowing private individuals to sue the United States for torts committed by federal employees. Enacted in 1946, the FTCA waives the sovereign immunity of the federal government, making it possible for civilians to seek compensation for injuries resulting from government negligence.
Understanding the distinctions between the Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA) is crucial when seeking compensation for injuries or damages caused by government employees. Both acts provide mechanisms to file claims against the government, but they differ in scope, eligibility, and procedural requirements. Here’s a concise comparison to help you determine which act applies to your situation and how each process works.
Federal Tort Claims Act (FTCA):
The FTCA primarily covers civilians and non-active-duty personnel who suffer injuries or damages due to the negligence of federal employees. It allows individuals to file claims if they can prove that a federal employee’s wrongful or negligent act caused their injury or damage while acting within the scope of their employment.
Key points about FTCA eligibility:
Military Claims Act (MCA):
The MCA is designed specifically for military personnel and their dependents, addressing claims for injuries or damages caused by military activities. It allows active-duty military members and their families to seek compensation for injuries resulting from military service.
Key points about MCA eligibility:
FTCA Compensation:
Under the FTCA, compensation can cover:
MCA Compensation:
The MCA provides compensation but often more limited compared to the FTCA, including:
Understanding these differences is crucial for determining the appropriate legal path for seeking compensation and ensuring that your claim is filed under the correct act. By recognizing the distinct roles and procedures of the FTCA and MCA, claimants can better navigate the legal landscape and seek the compensation they deserve for injuries or damages caused by government negligence.
The statute of limitations in Federal Tort Claims Act (FTCA) cases is a critical aspect that claimants must understand to ensure their claims are timely and valid. This legal timeframe dictates how long an individual has to file a claim after the incident occurs. Understanding and adhering to this statute is essential to avoid the risk of having a claim denied due to being filed too late. Let’s explore the specifics of the statute of limitations under the FTCA, the implications of missing this deadline, and exceptions that might apply.
Under the FTCA, the statute of limitations is defined by a two-year rule. This means that a claim must be filed with the appropriate federal agency within two years of the date when the injury or damage was discovered or should have been discovered with reasonable diligence. This discovery rule is crucial because it acknowledges that sometimes the harm caused by negligence might not be immediately apparent.
Key points to consider:
To ensure compliance with the FTCA statute of limitations:
The FTCA is a federal law that allows individuals to sue the U.S. government for negligence by federal employees.
Civilians and non-active-duty military personnel who have suffered injuries due to federal employee negligence.
You can recover medical expenses, lost wages, pain and suffering, and property damage.
The process can take several months to years, depending on the complexity of the case and whether it goes to trial.
While not mandatory, a lawyer significantly increases the chances of a successful claim.
You can file a lawsuit in federal court if your administrative claim is denied.
Every GRYC case is handled by a team of lawyers supported by in-house investigators and legal professionals with extensive experience in the medical, law enforcement, and insurance sectors.
We have recovered over $1 billion in settlements and compensation for our clients, fighting for full and fair compensation for medical expenses, lost wages, physical suffering, and emotional trauma.
We fight to change the laws and policies that hurt our clients to protect other innocent people from harm.
We take all cases on a contingency basis, which means that we pay all fees upfront, and only get paid if we win.
We fight every day to bring justice and truth back into the lives of unheard victims. We use our passion to improve the lives of our clients and our communities. GRYC is a force for justice, focused on you.
To speak to someone on our highly skilled team, fill out the form below, or call 800-206-4004 for a free case review.
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GRYC has been a voice for injured victims in the South Florida area since 1988. Together, we will be heard. Together, we can make change happen.
