If you have been injured by a federal employee, then you are likely facing expensive medical bills and treatments, lost income, and a variety of other concerns, and you need a means by which to seek compensation for these expenses. You will need the help of federal tort claims lawyers when the person who caused your injury or property damage was acting as a government agent, and not as a private citizen.
It has long been held that if someone acts negligently or fails to act when they have a duty to do so, the injured party can sue the person or company in civil court. The wrongful act or omission is referred to as a “tort,” and tort liability typically attaches when the person who caused the injury fails to exercise a reasonable standard of care. This matter becomes more complex when the US government is the defendant.
Previous to 1946, the government was immune to lawsuits under the principle of “sovereign immunity.” Today, however, an injured party can file federal tort claims for their personal injuries and even go to court if the initial claim is denied.
Given the expanse of the federal government, there are numerous situations where a tort claim could arise:
The federal government continues to exempt some functions from liability, including wartime activities and a broad category referred to as “discretionary functions.” The discretionary function exception can be used to deny legitimate claims, so seeking counsel from a personal injury lawyer experienced in federal tort claims is critical in presenting a claim in a way to avoid the discretionary function exception.
At Speaks Law Firm, we can assess the details of your case for a federal tort claim. Contact us today to schedule a free case review.
Accidents can happen at any time. You can be as careful as you can be, but you can never predict the action of others out on the road. When this happens, you need someone to speak on your behalf to fight for your rights. Speaks Law Firm is here for you.
Despite sovereign immunity, the United States government has long recognized that injured citizens have a right to remedy, even if the injury was caused by an agent of the government itself. Throughout the years, Congress enacted several bills to limit sovereign immunity, but a tragedy in 1945 prompted the passage of the 1946 Federal Tort Claims Act (FTCA).
The tragic incident involved an army bomber crashing into the Empire State Building, killing and injuring multiple people. Many victims and their families were shocked to find they were not able to hold the government accountable for the accident. The issue became unavoidable, bringing it under close scrutiny. Since the passage of the FTCA, victims and family members have been able to sue the government.
The strength of a federal tort claim case depends on a variety of factors. However, even if the government is not the liable party, there could still be recourse against the federal employee.
There are several points to be aware of in a federal tort claim:
We can evaluate your case at no cost to you. Contact us today so we can determine your next steps.
Even though an employee’s act (or omission) caused the injury, the government may be the defendant.
There are exceptions when the employee may be directly liable, especially if their actions violate the United States Constitution. Our experienced federal tort claims lawyers can assess the facts in your case.
The first step is to file a claim with the appropriate federal agencies. Filing this claim requires detailed documentation, with which a tort claims attorney can assist you. After a designated waiting period, your claim will be either granted or denied.
A claim denial is not the end of the road, however. In cases like these, the next step involves filing suit against the United States.
As you can imagine, going head-to-head against the U.S. government is no easy feat. The team of federal tort lawyers at Speaks Law Firm has a successful track record in federal torts claims.
At no cost to you, contact us today to schedule a free case review with our legal team in Wilmington, NC. We are the voice that speaks for you.
