What is the Federal Tort Claims Act?

The Federal Tort Claims Act (FTCA) is a federal law that allows an individual to bring a tort claim against the U.S. in federal court when someone acting on behalf of the U.S. caused an injury, death, or damage to a private party. A tort refers to the wrongdoing of someone who causes another to suffer a loss. For instance, if a member of the military sought medical treatment from a physician and that physician made a mistake during a procedure leaving them suffering from an injury, the government may be held accountable for the damages that arise out of the incident.

Simply put, The FCTA allows a person to bring a case against the United States government or one of its agencies. Just like you would file a claim against a drunk driver who hit you while crossing the street, if a government worker harms you, the FTCA allows you to take similar action.

 

How can an individual file a claim against the government?

In order for your claim to be valid, you must demonstrate that:

  1. The property damage and/or injury you are suffering from was by a federal government employee.
  2. The employee was acting within the scope of his or her official duties.
  3. The employee was acting negligently or wrongfully.
  4. The negligent act caused the injury or damage.

[Source: United States House of Representatives].

The rules to bring a case against the government or an agency such as the military can be complex and you are required to file certain forms in a timely manner. Failure to adhere to the guidelines associated with filing a negligence claim against the government could result in you losing out on your opportunity to obtain the compensation you are in need of.

 

Some of the tasks that must be completed includes:

  1. You must file an administrative claim with the agency you believe exhibited negligence which contributed to your loss.
  2. This claim must be filed within two years from the date of the incident.
  3. The agency has six months to investigate the claim.
  4. If no action is taken, you can then proceed to file your lawsuit.

 

Some things that are going to be taken into consideration when the agency reviews your claim includes:

  • The status of the individuals involved.
  • The location of the incident.

 

When constitutes as a viable claim against the military?

  1. When an active duty military member is injured by military medical personnel during the time treatment is rendered or at the time of a surgical procedure.
  2. When an active duty member is killed as a result of medical malpractice.
  3. You are involved in an auto accident with a member of the military who displayed negligence and ultimately caused the accident to occur.

 

Now, there are stipulations that prohibit a person from suing the military, therefore, it is best to discuss your matter with a personal injury attorney first before assuming you have a valid claim on your hands.

 

Let a personal injury attorney to help you file a lawsuit against the government

It is recommended that you allow a negligence lawyer to assist with your claim as you may encounter various hurdles before your case is brought before a court. The fact is, the government isn’t going to just allow you to file a claim against them and collect your compensation, rather, they have set rules and criteria that must be met in a specific timeframe before you can even get you case in front of a judge.

If you need help locating a nearby injury lawyer, contact USAttorneys.com as they can provide you with assistance in finding a professional in your area who can help you.


By | 1:34 pm | Categories: Legal News | 0 Comments

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