Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) allows parties who are injured by the negligence of the federal government or federal employees to file a lawsuit. Typically, the federal government is immune from claims of injured parties under the United States doctrine known as sovereign immunity, but the FTCA is an exception to that immunity. The FTCA permits certain claims for injuries while prohibiting other claims, and requires the injured person to follow certain requirements to properly establish a claim. The attorneys at Andrews & Sanders Law Offices in Savannah, Georgia know these requirements and are here to help you navigate The Federal Tort Claims Act.
Almost anyone injured by the United States Government can file an FTCA claim. Common claims filed under this act allege medical malpractice from events occurring at a military medical facility, including Veterans Administration facilities. However, active duty military personnel are expressly excluded from bringing a claim under the FTCA due to the U.S. Supreme Court decision in FERES v. U.S in 1950. If you are non-active duty military personnel and have suffered an injury due to the negligence of the United States government, you may have a claim that should be filed immediately under the Federal Tort Claims Act – and our experienced attorneys can help you make sure it is filed correctly and within all of the rules outlined in the Act.
How It Works
Generally, an injured party is required to file a written notice of claim – known as the Standard Form 95, or SF95 – with the negligent federal agency within two years of the date the claim accrues. Determining when a claim accrues is different in every case and is something you should discuss with an experienced attorney at Andrews & Sanders Law Offices. Failure to properly file a notice of claim against the negligent federal agency within two years prevents the injured party from filing suit against the federal government – you then lose the right to ever file a claim for the negligence you suffered.
After the negligent federal agency is served with the notice of claim, the agency generally has six months to take action on the claim. If the agency does not take action within 6 months or denies the claim, the injured party can file a lawsuit in the United States District Court against that agency. Again, the Federal Tort Claims Act (FTCA) provides special rules for the case in Court. The attorneys at Andrews & Sanders Law Offices know these requirements and are here to help you navigate the Federal Tort Claims Act in Savannah and coastal Georgia.
Remember, the Federal Tort Claims Act is a very complex federal statute and therefore it is important that you contact our office as soon as you have been injured. Due to the complex and technical nature of the statute, if it is not followed exactly then you may lose your right to bring a claim. It is very important to follow each rule exactly in order to get the compensation you seek.
If you have questions regarding the FTCA and how to file a claim of your own, you can find answers on our Federal Tort Claims Act FAQs page. It is our goal to provide as much helpful information as possible so that you can determine what your next step is after experiencing government negligence.
Get Legal Advice
If you or someone you know has been injured by any negligent act of the federal government or its employees, contact the attorneys at Andrews & Sanders Law Offices in Savannah & coastal Georgia and let us help you navigate The Federal Tort Claims Act (FTCA).