Springfield Federal Tort Claims Act (FTCA) Lawyer

With millions of employees, the federal government is an enormous institution with a presence in all 50 states. These workers frequently are responsible for serious injuries, but filing a personal injury lawsuit against the government is a complex process.

The government is usually protected from being sued due to the concept of sovereign immunity, but there are ways to seek compensation with the help of a dedicated injury attorney. Let a Springfield Federal Tort Claims Act lawyer advise you of your options.

What is the Federal Tort Claims Act?

The term “tort” describes an injury caused by another person’s failure to act reasonably when they must protect another person from harm. In a typical negligence lawsuit, you can pursue financial compensation from the party that caused your injury. That is not the case when it comes to federal employees who are working within the scope of their duties. Sovereign immunity law protects them from litigation.

Instead, the federal government has adopted the Federal Tort Claims Act, which sets up a process for injury claimants to seek compensation. Injured parties must follow directions closely.

First, the injured person must submit a written claim to the government, typically to the agency where the negligent employee works, within two years from the date of injury. Including complete details regarding the injury is vital, as the included details could limit the injured person’s future civil lawsuit.

After submitting the claim, the federal government has six months to respond. This could result in the claim being paid in full, but it could also result in a denial. People who receive a rejection letter can file a lawsuit with the help of a Springfield Federal Tort Claims Act lawyer.

Who Can File a Claim?

There are limits on who can bring these actions against the government. These cases are intended to cover careless or reckless behavior, and damages often are not available when an injury occurs due to an intentional act of a government employee.

Another limitation involves military service members, including those on active duty and reserves. This approach is not available because other paths to compensation are available for those injured during their service.

Finally, certain contractors are not covered by the FTCA. This can be a positive development in some cases, as it allows the injured party to file a personal injury lawsuit without the need to file a claim with an agency first. This option is possible because contractors are not treated as employees.

Contact a Federal Tort Claims Act Attorney in Springfield

If you were hurt by a public employee, seeking compensation for your injuries may be more difficult than you realize. There is an administrative process that you must complete before you can pursue legal action, and any mistake can cost you dearly. Reach out to a Springfield Federal Tort Claims Act (FTCA) lawyer immediately for a private consultation.