Three Decades of Combined Legal Knowledge Federal Tort Attorneys
Before 1946, Americans were unable to sue the government due a doctrine referred to as sovereign immunity. That year, provisions were passed to allow citizens to be able to, essentially, sue the federal government in cases of personal injury. The statute is called the Federal Tort Claims Act (FTCA). Here is what you need to know about the act itself, the criteria that a claim must meet, and how the claims process works.
Federal Tort Claims Act
Put simply, the cases where the FTCA applies are cases wherein a private party suffers an injury due to the actions or negligence of a U.S. government employee. There are specific guidelines that dictate what types of circumstances fall under the FTCA, which are further outlined below. When a private party suffers a personal injury as a result of negligence or actions of a U.S. government employee, the government itself assumes all liability, not the individual employee.
Eligible Claims
Claimants must be able to provide documentation that proves the following criteria:
- The personal injury must have been caused by an official U.S. government employee (not a contractor).
- The federal employee in question must have been acting within the scope of his or her duties.
- The federal employee in question must have acted wrongfully or with negligence.
- The negligence or wrongfulness was the cause of the injury.
The Claims Process
There are a number of steps in the process of filing a personal injury lawsuit against the government. The first thing you should know is that a personal injury lawsuit under the FTCA must be filed with the department in which the employee works, so if the injury happened at a post office the claimant must file a claim with the U.S. Postal Service.
The claim must be filed within two years of the injury, and when it is filed all of the facts, details, reports of damages, and documentation should be included. The agency then has six months to respond to the claim. If the agency agrees with the claim, they may settle right away without ever going to court, which is not uncommon. Ninety-five to 96% of personal injury lawsuits are settled before they ever go to court.
If the agency denies the claim, however, the claimant has six months to officially file the lawsuit. Moving forward with the lawsuit might mean that it’s time to look for a lawyer for counsel and representation. If you find yourself filing a personal injury claim against the government under FTCA, look for personal injury lawyers who are experienced in that area of law.
Why Choose Spiros?
We are proud to say that we have won millions in damages for individuals who have been victimized by the negligence of others. Here are some of our prominent examples:
- $9,842,900, the second-largest verdict in the history of Vermilion County, for an innocent baby who suffered immense harm and required an emergency craniotomy.
- $1,450,000, the largest verdict in Ford County, for a driver injured when another car ran a stop sign.
- $1,400,000, the largest settlement for Reflex Sympathetic Dystrophy (RSD) in Champaign County, Illinois, after a 42-year-old woman was given the wrong medication at a hospital, leading to vein necrosis, chronic pain, and nerve damage.
These are just a few examples of the many cases we have successfully argued. Our federal tort attorney team has experience dealing with a wide range of personal injury cases to serve you justice.
As our reviews show, we pride ourselves on clear, honest communication with our clients and prospects. We understand that those seeking a personal injury attorney have already experienced great pain, suffering, and loss. Because of this, we strive to be compassionate, open, and transparent with every person who calls us for help or advice.
Contact Us 24/7
If you or a loved one has been injured due to the negligence of a federal employee or at a federal facility, don’t hesitate to contact Spiros Law, P.C. Our experienced federal tort attorney team is here to help.
With offices in Kankakee, Danville, and Champaign, our legal team is available 24/7 to provide the trusted guidance you need. We offer free consultations and are prepared to fight for the justice and compensation you deserve. Even when others have failed to protect your well-being, the dedicated personal injury attorneys at Spiros Law, P.C. are ready to stand by your side.
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