If you are involved in a car accident where the at-fault driver is working and employed by a federal government, can you sue for compensation? The only way to do so is to get permission from the federal government.

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act provides the guidelines as to when you can sue the federal government. Therefore, before you file a lawsuit against the federal government, you first have to see if the Act will permit it. If it won’t, then the chances of you being able to do so are very slim.

The FTCA maintains that the federal government can be held liable for injuries and damages that are caused by a federal employee who acts wrongfully or negligently. There are many limitations, though, according to the FTCA. For example, there are many filing requirements that must be completed within strict timelines. The at-fault driver cannot be a contractor, but must be an employee of the federal government.

Filing a Claim

If you decide you are eligible to file a claim, you have two years in which to do so. Once filed, the federal government will have six months in which to deny or admit your claim. If denied, then you have six months to decide if you want to pursue a lawsuit. However, you cannot sue for more than the original amount of your claim and no one can sue the government for punitive damages.

If the claim is admitted with the amount you requested, a lawsuit won’t be needed. However, if it is not for the amount you need, a lawsuit will be needed. The lawsuit must be filed in the U.S. District Court where the accident occurred or where you live.

Get Help with a FTCA Claim

The FTCA is quite complex and has many deadlines and requirements. An experienced lawyer can be very helpful as you try to navigate such a lawsuit. With the knowledge and acumen of an attorney on your side, you will have a true advocate in your corner.

Facebook
Twitter