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What Is The Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) is a federal law allowing individuals to sue the United States government for damages caused by negligent actions of a federal employee while acting within the scope of their employment. This includes when a government employee’s negligence causes an injury, property damage, or a wrongful death. It’s important to note that when filing a FTCA claim, the United States is the defendant, not the individual employee.
The content of this blog will primarily focus on injuries and death resulting from the negligence of a federal employee. If you think you may have a case against a negligent government employee, our team of experienced SC personal injury lawyers are here to listen to you, explain your options, and get you started on the road to justice and recovery. If you have any questions, or would like to speak with a lawyer, simply call our office today at (803) 888-2200.
Who Can File a FTCA Claim
Federal law explains that individuals who were injured due to the wrongful act(s) of a federal employee can file a claim against the government seeking compensation for their damages. However, in order to do so, you must prove that:
- You were injured by a federal government employee,
- The employee was acting within the scope of their official duties,
- The employee acted negligently or wrongfully, and
- The negligent act caused the injury and damages you are seeking compensation for.
An experienced federal tort claims act lawyer will gather the evidence and documentation necessary to prove all of these elements existed.
Examples of Common Federal Tort Claims Act Cases
With decades of combined experience, our legal team has seen and represented clients following many forms of FTCA personal injury cases. Commonly, these cases follow:
- Car Accidents
- Slip and Falls on Federal Property
- Wrongful Death
If you think you may have a FTCA case, contact our team today. We have the experience and resources needed to protect your rights and fight to get you the entirety of what you deserve following an unexpected accident.
What Compensation Can Be Recovered in a FTCA Case?
Following an injury or wrongful death caused by a negligent government employee, you may be able to seek compensation through a FTCA case. Depending on the specifics of your case, you may qualify to receive compensation for:
Economic Damages: This includes compensation for medical bills, lost wages, property damage, and more.
Non-Economic Damages: This includes compensation for pain and suffering, loss of consortium, emotional distress, and other damages that don’t have a direct monetary value.
There are a few things to keep in mind when it comes to filing a claim against the US government. First, you cannot file for punitive damages. Second, there are limits to how much compensation you can receive for your damages. Your lawyer will help you understand how much compensation you deserve specific to you, your accident, and your damages.
To speak with an experienced FTCA lawyer today, call us at (803) 888-2200, email info@ctlawsc.com, or complete our secure online request form today.
How Long Do I Have to File a FTCA Case?
Generally, you have two years from the date of the accident to file a claim under the FTCA after an injury or wrongful death. To ensure your rights are protected and do not miss the deadline for filing a claim and submitting all necessary evidence and paperwork, it is in your best interest to speak with a lawyer as soon as possible. This helps ensure critical evidence is gathered and preserved and your legal team has enough time to optimize your claim, negotiate, and prepare your case for trial if necessary.
What Is The FTCA Process?
Generally, the FTCA process is as follows:
- First, you must complete a Standard Form 95 with all necessary evidence and documentation available within two years from the accident date and submit it to the proper agency. It is in your best interest to speak with an attorney prior to submitting this so your lawyer can gather critical evidence and optimize your claim.
- Once the form is submitted, it goes into federal agency review. They have six months to act on your claim and will decide to approve or deny it based on the evidence submitted.
- If the agency denies your claim, refuses to provide full compensation, or fails to act on your claim within six months of submitting, you have six months to file a civil lawsuit against the federal government.
How An Attorney Can Help
Having an experienced attorney on your side during a FTCA claim can significantly help you and your case. Suing the federal government is a very complex process. A lawyer will help ensure all deadlines are met, all paperwork is accurately and fully completed, gather evidence to support your claim, value your claim, aggressively negotiate with government agencies, and protect your best interests throughout the process.
See How Cavanaugh & Thickens, LLC Can Help You Today
You don’t have to go through the legal process on your own. Let us fight to get you the entirety of what you’re owed for your physical, financial, and emotional damages. With hundreds of 5-star reviews and millions recovered for our clients, you can trust that our team will work hard to get you the best outcome possible for your case and future.
If you think you have an FTCA case that arose in SC, reach out to us today. Get the justice and support you deserve. Contact our office for a free case evaluation – available 24/7 via phone at (803) 888-2200. We look forward to hearing from you.
Legal Review By: William H. Yarborough, Jr.
My name is Will Yarborough, and I am a partner and personal injury attorney at Cavanaugh & Thickens, LLC. My practice primarily focuses on car and truck accident cases, and I represent injured people across the state of South Carolina.
I’m committed to ensuring that every single client gets the compensation and justice they deserve following serious and unexpected accidents.
You don’t have to go through the aftermath of an accident on your own. If you have any questions about the information in this article or are interested in becoming a client at Cavanaugh & Thickens, LLC, give me a call today. I’d be honored to help.
