Have you been the victim of a car wreck caused by a U.S. Postal Service truck? These types of wrecks can cause serious and life long injuries. We have represented clients who have been involved in such USPS collisions. Such wrecks may require emergency EMT services, different modalities of imaging, physical therapy, occupational therapy, or speech therapy. Some of our clients have required out-patient visits to neurologists, physical medicine and rehabilitation doctors, audiologists, ear-nose-throat (“ENT”) doctors, among others.
Once you have dealt with all the medical issues that may arise out of such an accident, you may need to navigate the Federal Tort Claims administrative and legal framework to receive compensation for such injuries. We have experience navigating the FTCA administrative and legal framework.
Can I sue the United States Postal Service?
Yes. You can only sue the USPS for what the law calls “torts” under the Federal Tort Claims Act (FTCA). These include wrongs like car wrecks, slip and falls, and the like committed by the United States Postal Service or any other federal government agency (Military branches, National Parks, National Museums like the Smithsonian). You cannot sue for any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter, for example.
How do I sue the United States Postal Service?
You cannot sue the postal agent individually or the agency, the United States Postal Service. Instead, you must file your lawsuit against the United States. But before you can file suit, you must follow the strict rules of the Federal Tort Claims Act.
- You must file a Form 95 with the United States Postal Service.
- You must state the nature of your claim and what’s called a “sum certain.”
- You have to file the Form 95 within 2 years of the date of accrual.
Once the Form 95 has been filed with the appropriate federal agency, then you must work with the agency to resolve your claim. There are a lot of pitfalls if you do not know what you are doing. If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period. Our attorneys have decades of trial experience and are able to assist you in this process. Please contact us if you need a free evaluation of your claim. Once you have filed your form 95, you must wait at least 6 months (maybe more depending on the course of your administrative claim) before you can file a federal lawsuit.
If you believe you have a claim against the United States Postal Service, contact us immediately. If you wait, it may be too late.