- February 9, 2016
- In orange County Personal Injury
When you are injured as the result of the negligent or reckless actions of another party, you have the legal right to bring a lawsuit to seek money damages. How and when you can file your lawsuit depends on who the party that injured you is. If the party who injured you works for the federal government, you will need to bring a lawsuit against the federal government. This process is significantly different than filing a lawsuit against and individual or company.
This process involves an entirely different process that is intricate and more complex. It is in your best to hire a personal injury attorney who specifically handles and specializes in federal government cases.
The Federal Torts Claim Act
There are different laws that cover lawsuits against the federal government, known as the Federal Tort Claims Act. The Federal Torts Claims Act, commonly referred to as the FTCA, imposes very specific guidelines that personal injury claimants must follow before they can successfully file a lawsuit against the federal government.
The federal government is generally immune from lawsuits brought against it by private citizens, unless the government specifically says that they can. This is known as the general principle of government immunity, or “sovereign immunity.” When the federal government adopted the Federal Tort Claims Act, it allowed private citizens to file a lawsuit against the federal government under specific circumstances. In other words, you are not allowed to sue the federal government unless your personal injury case is specifically identified in the FTCA (or another federal law).
Basic Guidelines Under FTCA To Sue The Federal Government
The FTCA sets out specific guidelines that you must meet (or “overcome”) if you want to sue the federal government. Two “hurdles” that you must overcome in order to file suit are discussed below:
- In order to successfully bring suit against the government, you must have been injured by a government employee’s negligent or reckless conduct. However, the wrongful action must have been committed by the federal employee during the scope of employment. For example, if an FBI agent hurt you, the wrongful conduct must have been done while the agent was on the job or performing job-related duties. Only then can you bring a lawsuit seeking damages.
- In order to file a lawsuit against the federal government, the laws of your state must allow you to file the type of lawsuit you want to file.
The bottom line is that filing a lawsuit against the federal government is complicated. In order to successfully bring suit, it is imperative that you hire an attorney who understands the specific guidelines set under the FTCA.
Consult with a Federal Government Personal Injury Attorney in Los Angeles
If you or a loved one has been injured in an accident that was caused by the negligent or reckless actions of a federal government employee, you will need to file a lawsuit against the federal government. For more information or to schedule a free consultation with an experienced federal government accident attorney in Los Angeles, call the Law Offices of Samer Habbas today at 888.848.5084.