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Federal Tort Claims Lawyers in Wilmington, NC

Speaks Law Firm helps individuals seek compensation from the government through the Federal Tort Claims Act if a federal employee’s negligent behavior has caused physical injury, property damage, or loss of life.
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(910) 341-7570

How Can Federal Tort Claims Lawyers Help an Injured Person?

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.

Types of Federal Tort Claims

Given the expanse of the federal government, there are numerous situations where a tort claim could arise:

  • Car accidents
  • Premises liability
  • Medical malpractice
  • Military vessel and aircraft mishaps
  • Incidents with federal law enforcement officers

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.

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The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.

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Why Choose Speaks Law Firm?

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.

  • Our People. Our team is our main differentiator. We hired each one for their solid background and experience in the field. This all-star cast of talented, dedicated, and accomplished legal professionals cares about your case. With over 20 years of experience, we will do our best to fight for your rights.
  • Our Process. We have built collaboration into our process. Our legal professionals were selected to work at the firm due to their experience. They work together to build your case and help you reach your goals.
  • Our Commitment. You need someone committed to fighting for your rights after an accident that places you in a vulnerable position. At Speaks Law Firm, our team works hard to provide our clients in Wilmington, NC, and the surrounding areas with sound legal service. We speak for you.
  • Free Consultation. Our lines of communication are open. You can set up a free consultation if you need to discuss your personal injury case and find the right legal option for your situation.

The Federal Tort Claims Act

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.

Determining Federal Government Liability

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:

  • Demonstration of fault (negligence): Failure to show a negligent act or omission can thwart a case.
  • Intentional conduct may not apply: For example, if the employee commits an assault or battery, the employee may be liable instead of the government.
  • Whether the action happened while the employee was on duty: The government might not be liable if the employee was on a break or was acting outside the course of regular duty. Here, the employee could be held liable instead of the government.
  • Whether the government function is immune: Some government duties have exceptions where immunity is preserved.
  • Differing state laws: Depending on the details of your case, different state laws may impact applicability or processes.

We can evaluate your case at no cost to you. Contact us today so we can determine your next steps.

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Who is the Defendant in a Federal Tort Claim?

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.

How to File a Federal Tort Claim

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.

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Frequently Asked Questions

What Areas Do You Serve? (view full answer)
We are proud to protect the rights of our injured neighbors in Wilmington, Charlotte, and surrounding areas across North Carolina. If you were injured in an accident anywhere in North Carolina, we’re here for you.
Do I Need a Lawyer? (view full answer)
While a lawyer isn’t required, having an experienced personal injury law firm on your side will generally result in a substantially greater settlement for your claim. Additionally, an attorney can handle the hassles of your case and make the challenging legal process much easier for you and your family.
How Much Does a Personal Injury Attorney Cost? (view full answer)
Our attorneys at Speaks Law Firm are proud to work on a contingency-fee basis. This means our payment is dependent on whether we are able to secure compensation for you. We feel this is the best way to serve our clients because it enables them to acquire the full service of an experienced attorney without […]
Who Is Responsible for My Medical Bills? (view full answer)
North Carolina law places the cost of accidents and injuries on those who caused them. With this in mind, you may be able to seek compensation for your medical bills from the other party's insurance company. If you are unsure who was at fault in your accident, our lawyers can go over the event with […]

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Hours of operation

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Speaks Law Firm is recognized by National Attorney ranking services for excellence in the fields of auto injury and workers’ compensation in North Carolina.
Copyright © 2024. Speaks Law Firm. All Rights Reserved.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship
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