Can I Sue the Federal Government for Personal Injury?

What if you get in a car accident with a U.S. Postal Service vehicle, or a loved one suffers a wrongful death at a VA hospital? You may have to file a lawsuit against the federal government to get compensation. Filing a personal injury case against the government can be trickier than filing a case against a local business.

The Federal Tort Claims Act (FTCA) provides for limited claims against the government. Before filing any lawsuit against the U.S. government, you must determine whether a claim is available. If not, you may have limited options for recovery.

If you want to take legal action against the federal government, talk to an experienced personal injury attorney. They will be able to assess your case, determine whether you can sue the federal government, and help you get compensation for your injury.

What Is the Federal Tort Claims Act?

Under the FTCA, the federal government can be liable for damages caused by a negligent federal employee. However, the FTCA contains several other limitations on claims:

• There is a strict time limitation for bringing personal injury claims against the federal government. Typically, the statute of limitations is two years from the date of injury.
• There are administrative filing requirements you have to follow to file a claim.
• There are limits to who is responsible for your injuries. To state a claim, you have to show you were injured by a government employee acting in the scope of their employment. For example, the government may not be liable for an independent contractor who caused your injuries.

If you determine that you can pursue a lawsuit under the FTCA, you must follow strict procedures.

How Do You File a Claim Against the Government?

Generally, you must file your claim with the federal government agency that employs the person who caused your damages. You have to file the claim within two years of the incident.

There is a standard federal government form that you can fill out to present your claim to the government entity. Standard Form 95 (SF 95) is for a Claim for Damage, Injury, or Death. While you don’t have to use SF 95, using it will ensure you include all the information required to make your claim correctly. The information on the notice of claim comprises:

• Details about your injury
• The facts of the case
• The amount of money you seek

Providing this information can be challenging since you may not have all the facts. You have not yet filed a claim and do not have the benefit of the discovery process. A personal injury attorney can help you collect evidence of your injuries, like medical records and lost wages. Also, a personal injury attorney will help you file the right incident reports, so your injury is on file everywhere it needs to be.

Once you have submitted your claim to the federal agency, the government has six months to decide whether to compensate you for your claim or deny it. If the agency agrees to pay you an acceptable amount of damages, you won’t have to file a lawsuit. If the agency denies your claim or refuses to pay the damages, you can file a lawsuit. Generally, you will have to file a lawsuit within six months of the date on which the agency mails the decision.

Personal injury lawsuits against the government are filed in federal court. Your case goes through the United States District Court in the location where you live or where the incident occurred. While filed in U.S. District Court, the verdict will depend on your state laws. Torts like premises liability and intentional misconduct fall under state law. You can only ask for the same amount of damages you requested in the claim you filed with the agency.

What Damages Can You Recover in an FTCA Lawsuit?

In a personal injury lawsuit, you can recover compensatory damages for your losses. You can also recover most damages in an FTCA claim, including medical bills, lost income, and property damage. However, you cannot ask for punitive damages under the FTCA.

How Can an Attorney Help With an FTCA Case?

With any personal injury claim, you should consult with an experienced personal injury lawyer for legal advice. The FTCA is a complex law with many requirements and deadlines. You only have two years to file most FTCA cases. An experienced attorney can help you navigate government personal injury claims.