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What is the Federal Tort Claims Act?

The Federal Tort Claims Act or FTCA outlines the procedures to resolve monetary claims for injuries, property damage, or death because of a negligent act by a federal employee.

Claims based on the FTCA can be made for the following cases:

  1. Getting injured from a fall in a post office because the employees did not follow safety procedures.
  2. Auto accident caused by a federal employee while on duty.
  3. A Veteran Admissions doctor misdiagnosed your condition.
Does the FTCA apply to health care employees?

Yes, employees who work for specific health care centers are considered federal employees for liability protection under the FTCA. Acts or omissions while performing surgeries, dental procedures, and other medical services that lead to injury or death covered in the scope of employment are part of the FTCA.

Federal courts can play a role in identifying if the given activity falls into the scope of employment for FTCA coverage.

Can an employer submit a claim on behalf of employees?

Yes, an employer can submit a claim on behalf of the employee, but the latter should do the filing on their own. They can appoint a representative to file the claim on their behalf. When submitting the claim, a representative should indicate that they are officially authorized.

It is possible to get your employer as your representative.

Do I need to use the Standard Form 95?

No, you are not required to use the Standard Form 95 when claiming under the Federal Tort Claims Act. But you should strongly consider using it.

The Standard Form 95 uses a format convenient for sharing the necessary information in submitting your claim with the FTCA.

Does the FTCA cover attorney’s fees?

The Federal Tort Claims Act does not include attorney’s fees with the settlement. The act also limits the amount that lawyers can collect based on the administrative settlement to 20 percent or not more than 25 percent for court judgments.

What are the common federal tort cases?

The FTCA covers a variety of personal injuries, including:

  • Injuries while receiving treatment from military base hospitals.
  • Personal injuries caused by a federal vehicle, sustained while performing their duty. That includes postal vans and military trucks.
  • Misdiagnosis of condition from Veteran Affairs.
  • Sustaining injuries in a federally funded clinic.
  • Injuries caused by the negligence of an employee while in a federal office or building.
  • All other injuries resulting from the negligence of US federal employees.
What is negligence and discretionary function?

The FTCA covers injuries caused by negligent actions. Intentional torts, like assault and battery, or discretionary acts are not included.

How to file an administrative claim?

Before filing an administrative claim, you should exhaust all other resolutions first. The FTCA is the last option if everything else fails.

You then need to show the following:

  • You were injured by a federal employee.
  • The injury happened while performing their duty.
  • The act was negligent.
  • Their negligence or wrongful act led to your injury or property damage.
Do I need an FTCA lawyer?

The Federal Tort Claims Act is complex. There are several factors to consider to collect compensation successfully. It helps to have someone who understands the procedures and rules to get you through this.

The Doctor Lawyer Team has the experience and background to help with your federal tort claims. If you have other questions not covered above, you can get the information and legal answers you’re seeking by booking a free consultation with us. Call the team today at (888) 565-7043.

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You have important questions regarding your injuries and the next steps you should take. Contact us today for a free consultation to discuss the distinct details of your case. A Veteran-Owned Law Firm, we are driven to serve those who have likewise served our country, drawing upon a unique and extensive combination of military, medical, and legal experience to help you navigate the system. We understand your pressing concerns, and we will meet you where you are.

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