Chicago Federal Tort Claims Act
If you have suffered serious injuries or the wrongful death of a loved one because of negligence by the federal government or its employees, you may be able to seek compensation from the government under the Federal Tort Claims Act (FTCA) of 1946.
Federal Tort Claims are Different
Suing the government can be a complicated and lengthy process. Federal Tort Claims differ from civil suits in many ways because they are tried in a federal court.
How Our Federal Tort Lawyers Can Help
At David Kremin & Associates and its affiliated firms, out Chicago Federal Tort Claims lawyers have years of experience in federal cases and other personal injury claims. We understand that people who’ve been injured by the government’s negligence need a high level of quality legal care and personal support. We are here to help.
Call our Chicago & Illinois law offices of David Kremin & Associates today for a free consultation at 800-275-2529, and to get the quality legal care and personal support you deserve.
Federal Tort Claims Act Or Suing The Government
If a person is injured as a result of the negligence of a Federal Agent, they are able to bring a claim pursuant to many laws including a very special and specific statute known as the Federal Tort Claims Act.
One can bring several types of claims under the Federal Tort Claims Act. They include but are not limited to the following:
- Exposure to toxic materials;
- False imprisonment by a Federal Agency or Federal Employee;
- Harm to business through eminent domain;
- Medical malpractice at military hospitals;
- Land devaluation through toxic dumping;
- A saw, battery or abuse as a result of a Federal Law Enforcement Officer; and
- Denial of civil rights due to a government agent.
The statute requires under many situations that an injured party must first bring an administrative claim against the federal agency which employs the agent, who is responsible for causing the injury. After that is filed, an agency has 6 months to deny or approve the claim. There are a number of exceptions to the Federal Act, and it can sometimes be confusing. This is why you need to find a lawyer who has a history of bringing claims against Federal Agents. The Federal Tort Claims Act allows the individuals to sue the Federal Government. Before this Act was established, the Federal Government was immune under many circumstances. The Federal Tort Claims Act allows certain types of lawsuits against federal employees. If the Federal Tort Claims Act did not allow the claim, you may actually be barred from filing a claim.
In general, when you bring a claim for negligence, the claim must be based on the law of the State where the conduct took place. Only federal employees can be sued under this Act, and the wrongful conduct must have been done within the scope of the agent’s employment.
There are many exceptions but you normally have two years to file a claim against the administrative agency. The claim must include monetary damages you are claiming for and the facts about your claim. This is all done so the federal agency can perform an investigation. As said, they have 6 months to rule on the claim. If the federal agency rejects your claim, you then have 6 months from the date of that decision to file a lawsuit. If the Federal Government fails to timely rule on an administrative claim, you have a choice to either wait for the agency’s decision or go ahead and file your lawsuit. Usually, as long as the claim is still pending, there is no time limit to file a lawsuit pursuant to the FTCA. Normally the 6 month time limit begins to run once the agency has ruled on the claim. After going through this procedure, you have the right to file a lawsuit in the court to pursue compensatory damages against the government. Normally, a lawsuit must be filed in the United States District Court. The process becomes similar to other negligent or intentional claim lawsuit.
As most cases are settled in lieu of a jury trial, you may be able to settle with the federal government.
We highly recommend you secure an attorney with a lot of experience in this area in that it is highly complex. Therefore, it would be very difficult for an individual to bring the claim without the assistance of counsel.
The Act allows various claims, even medical malpractice claims against a VA Hospital or car accidents and slip and falls in federal buildings.
If you feel you have been injured by an employee of the Federal Government we recommend you contact our law firm. We will direct you to an attorney with 20-30 years of experience in this area of the law. We believe a client should pick a lawyer with many years of experience in that the law is so complex, there are many lawyers who do not understand it. If you contact our firm, David K. Kremin & Associates and its affiliated law firms will give you a free consultation about your potential claim. We never charge unless we collect money for you, as we work for you on a contingency fee basis. In other words, in most cases, the law firm charges one-third of any amount recovered on the victim’s behalf. If you or a loved one believe you have a federal claim, please call us at 1(800) ASK-A-LAWYER or 1(800) 275-2529 and you will talk with a personal lawyer immediately.