Most people know that they can file a personal injury claim if they’re hurt because of someone else’s negligence. However, you may be wondering what happens if the responsible party is the federal government.
The answer is you can sue the federal government for personal injury in certain situations. However, the process looks very different from a standard claim against a private party. There are strict rules you need to follow, and missing even one step could prevent you from recovering any damages at all.
What Is the Federal Tort Claims Act?
Normally, the federal government is protected by something called “sovereign immunity.” This is a legal doctrine that historically prevented citizens from suing the government without its consent. However, Congress passed the Federal Tort Claims Act (FTCA) in 1946, which waives that immunity in certain situations.
Under the FTCA, you can file a claim against the federal government if a federal employee caused your injury while acting within the scope of their job. This could apply to a wide range of situations, such as a car accident caused by a federal postal worker, medical malpractice at a VA hospital, and a slip-and-fall on federal property.
How Is the Process Different From a Regular Claim?
Filing a personal injury claim against the federal government is more complicated than going after a private individual or business. One of the biggest differences is that you cannot go straight to court. Before you can file a lawsuit, the FTCA requires you to submit an administrative claim to the federal agency involved.
This administrative claim must include a specific dollar amount for the damages you’re seeking. The agency then has six months to respond. If they deny your claim or fail to respond within that time frame, you can then move forward with filing a lawsuit in federal court.
There are also important deadlines to be aware of. You generally have two years from the date of the injury to file your administrative claim. If you miss that window, you will almost certainly lose your right to pursue the case at all.
Are There Limitations on What I Can Recover?
The FTCA does place some restrictions on the types of damages you can recover. One of the most notable is that punitive damages are not available in claims against the federal government. You are limited to compensatory damages, which come in the form of economic and non-economic damages.
Additionally, you are not entitled to a jury trial under the FTCA. Your case will be decided by a federal judge instead. This is a significant difference from most personal injury cases in Florida, where juries typically play a central role.
How Does Florida Law Factor In?
Under the FTCA, the law of the state where the injury occurred is used to determine whether the government was negligent. That means if your injury happened in Florida, the court will apply Florida’s negligence standards when evaluating your claim.
Florida also follows a modified comparative negligence law. If you are found to be more than 50% at fault for the incident, you would not be able to recover damages. If your share of fault is 50% or less, your compensation would be reduced by your assigned percentage.
Contact a Miami Personal Injury Lawyer at Zayed Law Offices Personal Injury Attorneys to Learn More About Your Federal Claim
Suing the federal government is not something you want to try to handle on your own. The rules are strict, and one mistake in the process can end your case before it even gets started. If you believe a federal employee’s negligence caused your injury in Florida, reaching out to an experienced Miami personal injury attorney is the best first step you can take.
For more information, please contact the experienced Miami personal injury lawyers at Zayed Law Offices Personal Injury Attorneys today. We offer free consultations.
We proudly serve Miami-Dade County and its surrounding areas:
Zayed Law Offices Personal Injury Attorneys
169 E Flagler St Suite 1639, Miami, FL 33131
Phone: (305) 916-6455
Hours: Open 24/7
Our firm is located near you. Find us with our GeoCoordinates: 25.7745507, -80.1906096
