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Personal Injury Claims Against the Government - The Federal Tort Claims Act (FTCA)

Introduction to Federal Torts

A tort is a legal term that defines a personal injury claim made by one party against another. In a tort, the claimant cites negligence or wrongful conduct by the accused as a contributing or sole cause of the injury, and the accused is held liable for damages. A federal tort claim can then be described as a personal injury claim alleging negligence, wrongful action or omission by a government party, for which the United States Government is held liable. Federal tort claims are often extremely complex legal matters regulated by extensive guidelines outlined in The Federal Tort Claims Act (FTCA). Attaining assistance from a lawyer familiar with The Federal Tort Claims Act and experienced in federal tort cases is vital to the success of a tort claim filed against the government.

The Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act was created to provide the federal government with limited protection against personal injury suits. Through the FTCA, the government has developed a standardized system for evaluating and accepting claims for which it is willing to waive sovereign immunity and accept liability if at fault. The limitations outlined in The Federal Tort Claims Act are substantial, and provide strict guidelines for the types of tort claims that are considered, whom in government the claims can be filed against, and how the clams are filed. Below is a brief overview of the basic criteria for acceptable federal tort claims provided in The Federal Tort Claims Act:

Federal tort claims can be filed against:

Government employees (excluding government agents)
Investigative or law enforcement officers
Some government contractors

The government may be liable for:

Injury that occurs as a result of an action or omission by a government employee who was acting within the duties of his or her job.

The government is NOT liable for:

Behavior by a government employee that is not related to their job responsibilities and is performed as a discretionary function or duty, such as slander, deceit, contract interference, libel, misrepresentation, assault, battery, false imprisonment, false arrest, or malicious prosecution. However, if these actions are found to be the result of an action or omission by a federal employee acting within the scope of their duties, the government may be held liable.
Matters of postal negligence.
Incidents where a government employee is believed to have exercised due caution in completing his or her job duties.

Although a suit may fall into the “acceptable” category based on these basic limitations, all claims are still subject to review and acceptance on a case-by-case basis. All federal tort claims are also subject to the specific laws and lawsuit regulations of the location where the incident occurred.

Filing a Federal Tort Claim

The Federal Tort Claims Act requires that all federal tort claims must be filed within two years after the incident occurred. When the claim is filed, it must be done in written form and include a detailed account of the damages for which the injured is seeking financial compensation.

Finding a Federal Tort Lawyer Who Can Help

Contacting a qualified attorney with experience in federal tort claims and proficient knowledge of the Federal Tort Claims Act can help you achieve financial compensation from the federal government for your injuries. An attorney will assist you by evaluating your claim and filing it properly with the government so that you have the best chances for a positive outcome. If your attorney concludes that your case does not meet the criteria for a federal tort claim, he or she can help you in filing a civil personal injury suit against the individual(s) at fault.