Skilled Injury Lawyer With Experience Handling Federal Tort Claims Act (FTCA) Cases
You must follow complex laws and procedures throughout a personal injury legal claim against a civilian or private entity. And regulations are even more restrictive and complicated when the federal government is the defendant. Bertling Law Group is a dedicated personal injury law firm with experience in federal tort claims. Our attorney has practiced in Federal courts for three decades. We firmly believe that government entities should be held to the highest standard of care and held accountable for negligence that results in undue injuries. We do not back down in our pursuit of that accountability on behalf of any client.
The FTCA allows you to sue the United States for your personal injury
Under the doctrine of sovereign immunity, parties are generally blocked from suing the government. However, the Federal Tort Claims Act was enacted in 1946 to allow private parties to sue the United States for injuries resulting from a U.S. agent’s negligence. The FTCA states that the United States is liable in the same manner and to the same extent as a private individual in similar circumstances.
What are the elements of an FTCA claim?
Any number of injuries may fall under the FTCA, including medical malpractice at the Veterans Administration and other military medical facilities. To prevail under the FTCA, in addition to proving your injury and damages, you must establish that the following occurred:
A federal government employee injured you.
The federal employee acted within the scope of his official government duties.
The federal employee acted negligently or wrongfully.
The negligent or wrongful act was the proximate cause of your injury.
The negligent party must be an employee, not an independent contractor, of the federal government. Employment status is particularly relevant in injury claims against the U.S. military, which relies heavily on contractors.
The government receives sovereign immunity if you fail to meet all of these criteria, and your FTCA claim may be barred. You may also waive your rights if you fail to file by the deadline or abide by the procedures established for filing your lawsuit.
How do you pursue an FTCA claim?
First, our lawyer files your claim with the agency responsible for your injuries. For example, a veteran who received subpar treatment by a VA doctor might file an FTCA administrative claim against the Veterans Affairs.
The agency has up to six months to respond. If the agency approves your claim, you receive your damages and the case is closed. Alternatively, if the agency pays only part of your damages or denies your claim, you have up to six months to file a lawsuit.
File an FTCA claim against the government agency that injured you
Bertling Law Group is equipped to handle highly complex Federal Torts Claim Act matters throughout California and the United States. Contact us to discuss whether your claim meets the criteria under the FTCA to sue the government and what you need to do to file your lawsuit. Your first consultation with our Santa Barbara PI attorney at Bertling Law Group is free and we handle your claim on a contingency basis, meaning you owe us nothing unless we collect compensation on your case. Contact us at 844-295-7558 today.