Federal Tort Claims
Also Serving the Injured & Victims of Negligence Throughout Duval and St. Johns Counties, FL
Under the Federal Tort Claims Act (FTCA), you have the right to make a legal claim against a federal government agency if you have suffered injuries or property damage due to the negligence or wrongdoing of such an agency. The FTCA is a complex law and filing a claim against the federal government is a complicated matter that calls for an attorney who is experienced in federal tort matters.
At Glober + Glober, you can work with a law firm that puts a Florida Board-Certified attorney on your side. Few attorneys achieve the status of Board Certification which recognizes the specialized “knowledge, skills, and proficiency” of a lawyer in his or her area of law. Our firm also has been in practice for 35 years with 25 of those years located in the Jacksonville area.
A tort consists of a wrongful act or an omission that causes you harm or injury. Such torts can then lead to a civil claim or lawsuit against the person or entity that caused such an act or omission. Suing the federal government is generally not possible due to its “sovereign immunity.”
In some cases, however, you can make a claim under the FTCA for which you may be entitled to damages. These claims and lawsuits are allowed in certain cases where you were injured, incurred property damage, or lost a loved one because of the negligence or wrongdoing of an employee of the U.S. government or one of its agencies.
Examples of FTCA claims include but are not limited to the following:
- You suffered medical malpractice by a VA doctor or hospital
- You suffered serious injuries in a car crash caused by a USPS driver or a government agent
- You suffered injuries in a slip and fall incident in a government building caused by unattended safety hazards
In order to file a claim under the FTCA, the agency or employee must have been acting within the capacity of their federal duties and responsibilities. You generally cannot sue an independent contractor working for a federal government agency. Exemptions also exist for acts of intentional wrongdoing caused by federal law enforcement employees as well as for active military members.
Once you have suffered harm or injury due to the negligence or wrongdoing of a federal agency or employee, you will need to follow all of the steps prescribed for making your claim under the FTCA. The regulations for this include presenting your claim to the implicated federal agency within two years. This first step is known as an “administrative claim.”
There are a number of procedures and complicated rules required to pursue your claim. As mentioned above, you will need a qualified attorney to determine the merits of your case to begin with and who knows how to prepare and follow through with your claim at the federal level. At Glober + Glober, you can work with a law firm that has the knowledge, experience, and skills needed for this complex matter.
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“I got to know Jim Glober when he represented me in a legal claim related to serious injuries I received in a traffic collision. Jim was both personal and professional in an extremely difficult and trying time in my life.” - Max