Individuals who are injured are not always injured on private or commercial property. In some instances, they are injured on property belonging to the government. In other situations, they may be injured by a federal employee. In these cases, the Federal Tort Claims Act may apply. It is important that personal injury victims understand this law and how it may impact their claim.
About the Federal Tort Claims Act
The Federal Tort Claims Act applies when a person has been injured by a negligent act of the federal government or while on federal property. The Act allows personal injury victims to file certain personal injury claims against the United States for injury, death or property damage in situations in which the United States would be liable under the circumstances if it was a private person.
Exceptions and Limitations to the Federal Tort Claims Act
Like with many laws, there are a number of exceptions to coverage under the Act. Additionally, there are administrative hurdles that claimants must get through before being able to seek redress for the harms they have covered. For example, the United States cannot be ordered to pay punitive damages, even if the acts in question were particularly egregious and would normally warrant punitive damages if the actions were from a private person or business.
Another important limitation is that US attorneys can seek immunity from the claims, such as if the claim is a result of the exercise of a discretionary function. Additional exceptions apply to claims that name a cause of action involving:
- Abuse of process
- Assault
- Battery
- Deceit
- False arrest
- False imprisonment
- Interference with contractual rights
- Libel or slander
- Malicious prosecution
- Misrepresentation
It is also important to understand that a jury trial is not a right for plaintiffs who file under the Act. They will be required to present their case to a judge and have a bench trial.
Filing Procedures Under the Federal Tort Claims Act
Plaintiffs who are suing under the Federal Tort Claims Act must also comply with various filing and administrative procedures. The filing deadline is two years from the injury date. Additionally, plaintiffs must file Form 95 that explains the case before this deadline. After this form is filed, the government has six months to approve or deny the claim. If the government has not taken either of these actions, the plaintiff can then file a lawsuit in federal court. If the claim is denied, the plaintiff only has six months from the date of the denial to file his or her lawsuit.
Additionally, the plaintiff must name the United States as the defendant and serve the local US Attorney for the district where the lawsuit is filed with the legal documents.
Because these procedures are complex, it is best to work with a lawyer who is experienced presenting claims under the Federal Tort Claims Act.
