The Federal Tort Claims Act provides a great deal of protection to federal agencies and their employees in personal injury cases. If you were injured as the result of the action of a federal employee, you might have to overcome several hurdles to receive compensation for your injuries. Before you take any action, here is what you need to know.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act, or FTCA, allows citizens to file lawsuits against federal agencies and employees. In order to file a lawsuit regarding the actions of a federal employee, you must prove that the injury occurred while he or she was performing work duties.
For instance, if a postal service truck driver hit you while transferring mail from one location to the next, this would be considered as occurring while he or she was performing work duties.
What Limitations Can You Face?
Even though the FTCA gives you the right to sue, there are many limitations that could restrict whether or not you are ever compensated and how much you can receive.
For instance, if a person who was working as a contractor for the federal government injured you, you cannot sue the government agency. Only actual employees of the federal government are covered by the legislation.
Your lawsuit is also limited to negligence. If the actions of the employee or the agency is not considered to be negligent, you might not have a case. There is one notable exception though. If a federal law enforcement officer intentionally injured you, you might be able to file a lawsuit or claim based on intentional misconduct.
What Can You Do?
If you believe that you have a valid claim, the first step is to file an agency with that is responsible for your injuries. For instance, if you slipped and fell while obtaining a copy of your Social Security card, you would file a claim with the Social Security Administration.
When you file the claim, it will be assessed by the agency and a decision will be made. If your claim is approved, you will receive payment for the damages you suffered only. However, there is a chance that your claim can be denied.
If it is denied, you can choose to file an appeal with the agency or file a lawsuit. Your lawsuit cannot be for more than you asked for in your original claim.
Taking on the federal government can be difficult. Work with a personal injury attorney, like the ones at Law Office of Daniel E Goodman, LLC, to receive help with filing your claim and with pursuing any other legal options you have.