If you are injured by the U.S. government, can you sue?

If you are injured by the U.S. government, can you sue? 2017-10-13T15:09:41+00:00

Our firm handles a wide range of medical malpractice and personal injury cases against the United States Government. We often represent military (Army, Navy, and Air Force) service members or veterans, but our firm represents anyone who has been injured by the U.S. Government. Personal injuries can come in many forms:

  • Medical malpractice against any U.S. Government provider, including VA hospitals, Military hospitals, and federally funded clinics.
  • Road traffic accidents involving a Government vehicle, including the U.S. Postal Service, military convoys, and any other agency of the U.S. Government
  • Wrongful death, where your family member has died as a result of the conduct of the a US Government employee.

If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the United States. But if you are injured by the US Government and want to sue, you have to follow the Federal Tort Claims Act. The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages. Our firm has a national practice that represents many clients against the US Government.

Before you can sue the US Government, you must present an administrative claim within 2 years of the date of negligence to the appropriate federal agency before filing suit. The US Government must be given at least six months to conduct an investigation before suit can be filed in federal court. In addition, some state law presuit requirements may apply to your case, depending on the jurisdiction. Talk to your lawyer about what conditions must be satisfied before bringing a lawsuit against the US Government in your case.  If you are unable to resolve the case administratively, then suit must be timely filed in federal court to recover against the government.

If you have been injured by a US Government employee, the Federal Tort Claims Act is your only recourse. It is usually better if you work with a law firm to present your administrative claim because there are many details of the law that a non-lawyer may not be aware of in presenting an administrative claim.  You can lose valuable time correcting mistakes, or may use up one of the two chances that you have to present a claim administratively. Your safest bet is to consult with a law firm experienced in handling FTCA cases and work with them to present the best administrative claim possible.  Don’t delay because the more time your law firm has to review the file and prepare your claim before the statute of limitations expires, the better.