Historically, the United States enjoyed sovereign immunity from liability for personal injury claims. In 1946, however, Congress enacted The Federal Tort Claims Act (FTCA) which, for the first time, gave American citizens the right to sue the federal government for most injuries caused by the negligence (failure to exercise reasonable care) of employees acting on behalf of the United States. The FTCA constitutes a limited waiver of immunity and applies to a variety of claims including:
- Negligent driving by government employees (postal worker, Corps of Engineers, Department of the Army, etc.)
- Negligent medical treatment in government hospitals (Veterans Administration, Eisenhower Army Medical Center, etc.)
- Unsafe conditions on government premises (post office, social security building, government complex, Fort Gordon, etc.)
- Other careless acts of the federal government or its employees which result in injury or damage.
The FTCA also establishes the process by which claims against the United States can be submitted. It requires proper filing and service of an administrative claim within the two year statute of limitations as a mandatory prerequisite to filing a lawsuit against the federal government. Once properly submitted, the United States has six months to investigate the administrative claim and either settle or deny liability. If liability is denied, a lawsuit may be filed and pursued in the United States District Court.
Because FTCA claims are more complex than typical personal injury cases, specialized knowledge and experience can help maximize results. The lawyers at Burnside Wall are familiar with the unique and challenging issues presented by FTCA claims and have successfully handled numerous such cases over the years. To learn more about filing a FTCA claim against the United States, contact a lawyer at Burnside Wall LLP for a free initial consultation.
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