The
federal government may be held responsible for causing injury, death,
or property damage. under what is called the Federal Tort Claims Act
(FTCA). Under what is called sovereign immunity, the federal
government is generally immune from lawsuits. However, the Federal
Tort Claims Act works to right this imbalance by making it possible
to sue the government as if it were a private person.
According
to the Federal Tort Claims Act, the federal government may be liable
for injury, death, and property damage under certain conditions.
The
Federal Tort Claims Act allows the United States government to be
sued for negligence that causes injury, death, or damage to property.
However, winning a Federal
Tort Claims Act medical malpractice
suit against the federal government may be a complicated and time
consuming process.. Below are nine frequently asked questions which
will help you take the proper steps.
Who
may file a Federal Tort Claims Act medical malpractice claim against
the government ?
Generally,
any person or entity , whether a U.S. citizen or not, who has
suffered injury, death, or property damage of negligence or wrongful
acts by a federal employee. However, there are two main exceptions:
1) active duty personnel acting incident to service who become
injured or are killed are excluded from winning a claim under what is
called the Feres doctrine. Federal government employees who are
injured on the job are covered by federal workers compensation and
their avenue of recovery lies there.
At
what point should I contact an attorney?
As
soon as possible. The statute of limitations to file a suit under the
Federal Tort Claims Act is two years. It takes time to gather
documents and evidence, so it is crucial to allow an attorney enough
time to properly evaluate your potential claim.
What
is the process for filing a claim?
A
federal tort claim must first be filed with the appropriate
administrative agency, most often the agency at which the offending
employee works. After the agency receives the claim there is a six
month period where suit cannot be brought. If the claim is not
resolved within those six months, a suit may then be filed against
the U.S. government.
Is
the process of filing a claim difficult?
The
government employs highly-skilled attorneys who will vigorously
defend each case. That’s why it is important that you consider
hiring an attorney experienced in Federal
Tort Claims Act medical malpractice.
Are
there repercussions for filing a claim against the government?
By
passing the Federal Tort Claims Act, Congress gave explicit
permission for suits against the federal government. A federal tort
claims act case is a legal, proper, and civilized way to attempt to
resolve a dispute involving injury, death, or property damage caused
the federal government.
Am
I unpatriotic for filing a Federal Tort Claims Act medical
malpractice suit?
No.
The Federal Tort Claims Act was created so that parties injured by a
government agency have some recourse. Filing a claim might even
prevent similar damages to others in the future.
Can
I also sue the U.S. government in small claims court?
You
are not allowed to sue the federal government in any state court
without consent.
What
if I live in a different city, state, or country from where the
injury occurred?
Where
you live is generally not a problem. In fact, it may give you
additional options as to where your suit may be filed.
Should
my attorney have experience in suing the federal government?
Experience
is important. Trial experience is important. Many attorneys do not
actually try cases against the federal government, they only settle
them. It is important to consider the attorney’s successful trial
experience against the government. Suing the government may be a
difficult, arduous process. It also has many traps of which a less
experienced attorney may not be aware.
It
is essential to know your rights when you’ve been harmed by an
agency or employee of the federal government. If you or a loved one
has been injured due to US government negligence, find out how the
law offices of Archuleta, Alsaffar, & Higginbotham may be able to
help you recover under the Federal Tort Claims Act.
Archuleta,
Alsaffar & Higginbotham handles injury and malpractice claims
under the Federal Tort Claims Act. If you or someone you know has
been harmed by a federal employee because of negligence, contact the
offices of Archuleta, Alsaffar & Higginbotham or visit
www.Govtclaim.com.
Article Source: http://www.compensationsecrets.co.uk/