What Is The Federal Tort Claims Act (FTCA)?
FEDERAL TORT CLAIMS ACT FREQUENTLY ASKED QUESTIONS
What is The Federal Tort Claims Act (FTCA)?
The Federal Tort Claims Act (FTCA) is a federal law that allows an injured individual to bring a claim against the United States government for the injuries suffered. Usually, the federal government is immune from claims of injured parties under the doctrine known as sovereign immunity, but the Federal Tort Claims Act (FTCA) is an exception to that immunity.
The attorneys at Andrews & Sanders Law Offices know Federal Tort Claims in Georgia well and are here to help you navigate the complexity of this federal law. If you or any one you know has been injured in a military medical facility including a VA clinic; has had a slip and fall; was in an accident with a United States Government vehicle; or been injured by any other means involving the United States Government, please contact us immediately and let us help you.
Who can bring a claim under The Federal Tort Claims Act (FTCA)?
Generally, anyone injured by the United States Government can bring a claim. The most common claims brought under the Federal Tort Claims Act (FTCA) are for medical malpractice from events occurring at a military medical facility including Veterans Administration facilities.
However, the U.S. Supreme Court in FERES v. U.S, 340 U.S. 135 (1950) expressly excluded active duty military personnel from bringing a claim under The Federal Tort Claims Act (FTCA). This decision has become known as the FERES doctrine.
The FERES doctrine has been a hotly contested decision and cases are being filed everyday that challenge the application of the FERES doctrine. The attorneys at Andrews & Sanders Law Offices have experience dealing with the FERES doctrine. Let us put that experience to work for you; contact us and let us determine the proper application of the FERES doctrine.
While the FERES doctrine may bar active duty members from bringing a claim, it does not bar dependents from bringing a claim for the injuries they have suffered as a result of the United States Government’s negligence. The FERES doctrine also does not bar military retirees from bringing a claim for injuries suffered after their retirement.
How do you file a claim under the Federal Tort Claims Act (FTCA)?
Federal Tort Claims in Georgia can be filed on Standard Form 95. Standard Form 95 is used to present claims against the United States under The Federal Tort Claims Act (FTCA) for property damage, personal injury, or death allegedly caused by a federal employee’s negligence or wrongful act or omission occurring within the scope of the employee’s Federal employment.
Federal Tort Claims in Georgia must be presented to the federal agency whose employee’s conduct gave rise to the injury. The Form 95 need not be used to present a claim, but is a convenient format for supplying the necessary information. The Form 95 must be completed and state a claim for money damages in a sum certain amount claimed for injury to or loss of property, personal injury, or death. If a sum certain is not specified in block 12d on the Form 95 or in accompanying information, a submission cannot be considered to be a valid claim.
What are the deadlines for filing a claim?
The completed Form 95 must be presented to the appropriate federal agency within two years after the claim accrues. Determining when a claim accrues is different in every case and is something you should discuss with us. 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. The attorneys at Andrews & Sanders Law Offices know the deadlines and are here to help you navigate filing Federal Tort Claims in Georgia.
Where should the claim be filed?
Generally, an injured party is required to file a written notice of claim with the negligent federal agency. The attorneys at Andrews & Sanders Law Offices can help you determine where to submit your claim.
What happens after the claim is filed?
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 United States District Court, against the 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 complexities of filing Federal Tort Claims in Georgia.