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Suing the Government: How It Is Done
Washington, D.C., Maryland, & Virginia
If you have been injured by a government agency or employee, you may be able to sue the federal government under the Federal Tort Claims Act (FTCA). Whether your injury was a slip and fall occurring in a post office, medical malpractice committed by a Veterans Administration physician, or an auto accident involving a government vehicle, you may have a valid personal injury claim but no knowledge of how to bring your case forward in court.
Compared to suing a private citizen or company, suing the United States government can be a confusing process, requiring a thorough knowledge of the complex limitations and laws involved in the Federal Tort Claims Act (FTCA). Our attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C. have years of experience handling FTCA claims. We can guide you through this process from start to finish to ensure your claim is both accurate and effective.
The Federal Tort Claims Act (FTCA)
In the past, the doctrine of “sovereign immunity” prevented citizens from suing a government (historically, the king). In modern times, the basic rule is that you cannot sue the government unless the government allows it. The Federal Tort Claims Act sets forth the scope of permissible lawsuits against the federal government, and the method by which to bring them forward.
The FTCA was established to provide compensation to citizens for injury, property loss, or wrongful death caused by “the negligent or wrongful act or omission of any employee of the Government.” Though this mandate sounds broad, there is a great deal of fine print to it.
Your FTCA claim will be subject to some general exceptions and limitations, including:
- The negligence or wrongdoing must have been committed within the scope of government employment
- Only claims involving negligence are allowed
- Your claim must be based on the state law in which the negligent conduct occurred
There are many other specific limitations dictated by the FTCA, which is why consulting with an experienced attorney is so essential in recovering your due compensation. If you believe you have a valid claim, it may be worth investigating and pursuing.
Filing Your FTCA Claim
In a regular lawsuit, you would bring your case directly to court. However, when suing under the FTCA, you are required to first file a claim with the federal agency that was responsible for the negligence. While your claim is in the review process at this agency, it is termed an “administrative claim.”
You have two years from the date the negligence occurred to file your administrative claim. Once filed, the federal agency has six months to respond. Sometimes, the agency will simply “admit” your claim and agree to pay you some or all of the damages you requested. You may not need to go to court if this happens.
However, if your claim is rejected, or if the agency refuses to pay all of the monetary damages you asked for within the time permitted, you will then have six months to file a lawsuit in court.
Whether or not your administrative claim progresses to the lawsuit stage, obtaining the assistance of our experienced lawyers will ensure you comply with the numerous rules and regulations that control the FTCA claim process.
If you or a loved one has been injured due to a federal employee’s negligence or wrongdoing in Washington D.C., Virginia, or Maryland, please contact the experienced attorneys at Chaikin, Sherman, Cammarata, & Siegel, P.C. today to schedule a free consultation.
