When you are injured because of another party’s recklessness or negligence, you can file a personal injury claim for monetary damages. But the way you file the claim depends on who or what type of entity the at fault party is. If the liable party is the federal government, the process is significantly different than filing a lawsuit against an individual or a private company.
Injury claims and lawsuits against the federal government can be complicated and involve significantly different deadlines. It is best to immediately hire an accident lawyer who specifically handles these types of cases.
Federal Tort Claims Act
The Federal Torts Claim Act was enacted in 1946 to allow private parties to sue the United States in a federal court. The claim is generally brought against persons acting on behalf of the United States of America. These parties include the FBI, postal workers, and other such federal government workers. The FTCA imposes very strict guidelines that injury claimants and their attorneys must follow to properly file a claim to seek monetary damages.
Time Limit to Sue the Federal Government
You can generally bring an injury claim within two years from the date of injury. You must file an administrative claim with the correct federal agency. Mailing the claim is not sufficient. If you fail to file your claim with in this time frame, called the “statute of limitations,” you are forever barred from seeking damages.
If the federal agency denies your claim, you have six months to file a federal lawsuit. The six-month period starts on the date your claim was denied. If you fail to file your lawsuit within this time frame, you will not have a chance to seek damages.
Guidelines for Filing a Claim Under the FTCA
You must meet the following criteria if you want to file an injury claim against the federal government. The two main requirements you must meet are:
- You must have been injured by a government employee’s negligent or reckless actions. Additionally, such wrongful actions must have been committed by the federal employee during the scope of employment. For instance, if an FBI agent caused an accident that resulted in your injuries, the agent must have been performing job-related duties when the collision occurred.
- To file a lawsuit against the federal government, the laws of your state must allow you to file the type of lawsuit you want to file.
Your Stockton personal injury attorney can guide you as to whether you meet these requirements and can help you timely and properly file a claim under the FTCA.
Consult with a Stockton Personal Injury Attorney
If you have lost a loved one in an accident that was caused by the negligent or reckless act of a third party, even the federal government, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced Stockton personal injury attorney, call the Srai Law Offices today at 209-323-5558.