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Federal Tort Claims Act Cases

The purpose of the government is to serve the people. It enacts laws and implements programs that benefit the general public. Generally, federal employees are protected against legal claims. These protections are meant to prevent such claims from impeding their duties.

However, you never know what can happen out on the open road. Accidents can occur in an instant. One wrong decision can cause a collision. Even federal employees are susceptible to negligent acts that lead to someone else getting hurt. The purpose of the Federal Tort Claims Act (FTCA) is to provide you with an option to pursue a claim in that scenario.

The Federal Tort Claims Act

A tort occurs when someone injures another person because they failed to abide by their legal duty. US law protects federal employees from being personally liable for torts committed during their work. However, there are exceptions based on the Federal Tort Claims Act.

The statute was enacted in 1946, allowing private individuals to recover claims or restitution for specific torts done by government employees. The act empowers people to hold the government responsible for wrongdoings caused by their agents while doing their job.

The Doctor Lawyer Team can assist you if you have a federal tort claim. Start today by booking a consultation with our Connecticut FTCA lawyer.

Examples of Federal Tort Claims

Bringing a lawsuit against the federal government can be a difficult endeavor. However, there are situations where your claim may have merit.

It is helpful to understand what constitutes a legitimate federal tort claim. Here are some examples:

  • Receiving a threat from a federal employee
  • A federal employee or official offensively touching someone without consent
  • A federal employee intentionally or accidentally damaging another person’s property, such as in a car accident
  • Conduct from a federal employee that causes emotional distress to another person

Types of Federal Tort Cases

The Federal Tort Claims Act covers different areas of personal injury. It is applicable in the following situations:

  • Personal injury due to negligence while receiving treatment in military base hospitals
  • Injuries sustained because of a federal truck or vehicle wreck (Includes government-owned vehicles operated by a government employee like military trucks and postal vans)
  • Receiving poor health care service from the VA (Veteran Affairs)
  • Personal injury sustained because of negligence in a federally funded clinic
  • Personal injuries you sustained from federal government agencies, like the FBI and NTSB.
  • Getting injured from vehicle accidents caused by a federal employee
  • Personal injuries sustained because an employee was negligent in a federal office or building
  • Any other injury, regardless if it is intentional, due to negligence by a US government employee

Each case covered by this list is unique in its way. The facts and situation will determine the best approach to pursue a personal injury claim from a federal employee.

Negligence and Discretionary Function

The Federal Tort Claims Act does not apply to intentional torts committed by government employees. The statute mostly covers negligent actions. For example, an assault committed by a federal agent is not covered because that is, by definition, an intentional tort.

You also cannot sue the government for discretionary acts. That means if a statute provides an employee discretion to choose between multiple choices and they do so negligently, the government is not liable.

The requirement is that they have negligently failed to follow government policy or a non-discretionary law that led to the injury.

Contact The Doctor Lawyer Team today if you believe you have a federal tort case.

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  • Personal Injury
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  • Federal Tort Claims
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Why Choose The Doctor Lawyer Team?

When injuries are severe or occur because of someone’s negligence, you need legal experience on your side. The Doctor Lawyer Team helps clients in Hartford, New Haven, Greenwich, Stamford, Niantic, and nearby Connecticut communities seek the compensation they need to have peace of mind and financial security during an already difficult time. Why is our firm the right place to go? Here are a few reasons:

  • Veteran-owned firm. We fought for our country and are prepared to fight for you.
  • No fee unless you recover. Legal fees require a financial commitment. However, our firm will not charge you unless and until you receive financial compensation for your injuries.
  • Free consultation. You can speak with our attorneys at no cost to review your case. This can occur over the phone or via video chat at your convenience.
  • Doctor/lawyer team. You will benefit from the services of a former naval medical officer and a certified neurosurgeon, and accomplished trial attorneys.

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Filing Your Administrative Claim

There are several resolutions to attempt before filing a claim through the FTCA. You are required to exhaust all other avenues.

The personal injury claim is filed with the federal agency responsible for your injuries. It is important to remember that you have two years to file a claim before it expires.

You will next need to provide all the required information for the claim to be considered. It will not be valid without the sum of all such information.

Federal Tort Claims Act Lawyer With Experience

Missteps can easily happen when filing a claim with the government. The process can be overwhelming, with many rules revolving around varying situations.

Our experienced Connecticut FTCA lawyer will help you navigate the process. We will analyze your claim and the facts of your case. From there, we will take the appropriate steps toward filing your claim.

We know you have many questions right now. We offer a free consultation so we can discuss your case and address your options. Call The Doctor Lawyer Team today to set up an appointment.

Professional And Experienced Personal Injury Law Attorney

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Ask a Question,
Describe Your Situation,
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Call (860) 829-9467 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
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Free Case Evaluation - No Fees Unless You Recover - Click to Call (833) 358-9467

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