I often am asked what is the difference between a personal injury claim and a claim under the Federal Tort Claims Act. The primary difference is procedural, because the law applied will be the same.
The Federal Tort Claims Act is a law passed by Congress that permits claims and lawsuits to be made against the federal government for certain negligent acts by employees of the federal government. As a general rule, a citizen cannot sue the federal government; the Federal Tort Claims Act is an exception to that rule. However, the Federal Tort Claims Act require strict compliance with procedures. Failure to follow these procedures will result in no recovery for damages such as property loss, medical bills, and pain and suffering.
For example, if you are injured in an auto accident by a federal employee operating a vehicle in the course of conducting official government business, the only way to recover for damages is to pursue a claim under the Federal Tort Claims Act. You cannot file a lawsuit in state court or immediately file a lawsuit in federal court; rather, you first have to file an administrative claim with the responsible federal agency following a strict process. Failure to follow the process will result in a denied claim; similarly, failure to file a comprehensive claim will limit recovery because any lawsuit will be limited to the claims made during the administrative process.
Additionally, rather than dealing with insurance companies and their lawyers, you will be dealing with bureaucrats and their lawyers. I am not sure which is more difficult!
Korody Law is experienced in filing claims under the Federal Tort Claim Act for all claims including:
- slip and falls on federal property such as post offices and military installations
- car accidents involving federal government vehicles
- property loss caused by the negligence of federal employees
Call Korody Law today for a free case evaluation!