The term “tort” refers to any wrongdoing or injury caused by someone else’s failure to fulfill a legal duty. Under United States tort law, federal employees are not personally liable for most torts they commit in the course of their work. Instead, the federal government provides an exclusive remedy for such tort claims called the Federal Tort Claims Act.
The Federal Tort Claims Act (FTCA) removes the federal government’s immunity from certain types of tort claims and gives the government responsibilities much like those of a private citizen. This system allows citizens to file civil suits against the government. If a private citizen committing the same act would be liable under tort law, the federal government can also be held liable, unless certain limitations stated in the act apply.
Experienced Representation in FTCA Cases
In some respects, FTCA cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time. This requires the injured party to complete FTCA tort claim form, Standard Form 95. Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, has experience in representing injured parties at the administrative claim stage and throughout trial in federal courts all over the United States.
Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., a medical malpractice birth injury case in which our clients received $15.75 million, and Lebron v. U.S., another medical malpractice birth injury case in which our clients received $18.96 million. Federal Tort Claims Act cases can involve several areas of personal injury law, including:
- Army Hospital Medical Malpractice
- Navy Hospital Medical Malpractice
- Air Force Hospital Medical Malpractice
- Veterans Affairs (VA) Hospital Medical Malpractice
- United States Postal Service (USPS) Truck or Car Wrecks and Accidents
- Military Truck or Vehicular Wreck
- Medical Malpractice at a Federally Funded Clinic
You can see our national success on our case results page. Here are just a few of the cases we have won against the Army, Navy, Air Force, VA, and Postal Service: