Sovereign immunity is one of the few laws that has stood the test of time, ruling that civilians cannot sue the government unless given permission by the government. Seems a little counter intuitive, right? In a modern adaption, the Federal Tort Claims Act (FTCA) has expanded the law to include specific situations in which it is legal and accessible to sue federal officials who have acted negligently within the scope of their responsibilities. So, if you suffered from medical malpractice by a Veterans Administration doctor, or had a slip-and-fall accident at a government building, you may be able to sue the officials who acted negligently, causing your personal injury.
Will the FTCA Accept Your Claim?
As with most federal agencies, the process of filing a claim is much longer than suing another civilian or private company. There are limits to what monetary damages the FTCA will approve of for personal injuries, wrongful death and even property damage. Every situation essentially has it’s own practice per the FTCA regulations, but here are some blanket ideas that describe when you can or cannot sue the federal government.
How to File an Administrative Claim
Unlike a claim against a fellow civilian, the FTCA requires an administrative claim to the agency responsible for your injuries. This is an extra step before court in order to inform the agency of its misconduct and prepare them for the case that will soon follow. The form provided by federal government requiring you to fill out to address the agency is considered an “administrative claim.” It is reviewed by the agency and ruled on within six months of filing. In order to ensure all of your needs are met and all damages you request are paid off, follow these few guidelines.
Dealing with the federal government can be a tricky situation full of loopholes and confusing fine print details. Instead of going at it alone, hire a personal injury lawyer at Colley & Colley law firm in Tyler, Texas. Contact us today for a free consultation.
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