Negligence Claims Against the Federal Government

Were you injured in a car accident that involved a Federal Bureau of Investigation (FBI) agent? Or have you suffered injury or harm relating to medical malpractice at the hands of a Veterans Administration doctor? These are two of the many examples of potential negligence claims that can be brought against the federal government. If you have a claim against the federal government normally your only option is to sue the federal government under what is called the Federal Tort Claims Act (FTCA).

The Federal Tort Claims Act allows specific kinds of lawsuits against federal employees who are acting within the scope of their employment. If you believe that you have a claim for negligence (careless misconduct or wrongful misconduct) against a federal agency or employee, you need to first determine whether you can indeed sue the government under the Federal Tort Claims Act. If your claim is not allowed under the Federal Tort Claims Act, chances are that your claim will be barred by what is termed “sovereign immunity”. Sovereign immunity is a practice or doctrine used in history where you were not allowed to sue the king. Sovereign immunity in modern times has the exact same doctrine, only the rule has become more general in that ‘you cannot sue the government, unless the government says that you can’.

State governments are extended the benefit of being covered by sovereign immunity by extension of the federal government. However, every state has passed down laws in which the state waives that immunity. And, as such, citizens may be able to make a claim for damages when a government employee or agency causes injury or property damage due to negligent action or inaction.

Generally, the Federal Tort Claims Act provision allows for the monetary compensation for injury, property loss or death caused by the negligent or wrongful “action or omission of any employee of the Government”. Below are some general guidelines with respect to the limitations of the Federal Tort Claims Act:

• Only federal employees can be sued under the Federal Tort Claims Act. Independent contractors hired by the federal government cannot be unless they are treated like employees.
• The negligent or wrongful conduct must have been within the scope of the defendant’s employment.
  
• Only claims having to do with negligence are allowed, though there are some exceptions with respect to intentional misconduct.
• The claim must be based on the law of the state in which the misconduct was carried out in or happened.

A general overview of how the administrative claim process works is:

1. You must file your claim within two years
   
2. You must include exact facts and damages in your claim
   
3. The agency has six months to respond and rule on your claim
   
4. Thereafter, you have six months to file a lawsuit from the date on which the decision was mailed to you.

If you have a claim against the federal government with respect to personal injury, seek out an Alaska personal injury attorney to advise you on your options.

Resource Box: For more information related to personal injury matters, contact Crowsonlaw.com