The Federal Tort Claims Act ("FTCA") is a federal statute that allows injured private parties to sue the United States government in federal court. The doctrine of sovereign immunity historically prevents private parties from suing the government. The FTCA law creates a limited waiver of this doctrine allowing injured private parties to pursue some claims against the federal government.
Under the FTCA, an injured private party can sue the federal government in the same manner that it would sue another private party.
However, in lawsuits against the federal government:
- The injured party must exhaust administrative remedies under FTCA before filing a personal injury lawsuit;
- The injured party must properly present his or her claim to the "approprite federal agency" within two years after accrual of the cause of action;
- The injured party must file his or her lawsuit in federal court within six months after rejection of the claim;
- The trial of the lawsuit will be by the Judge without a jury;
- Although the lawsuit must filed in federal court, the law of the state where the negligent act occurred will apply;
- Punitive damages are not available under FTCA;
- Pre-judgment interest is not recoverable.
Because of the complicated technical requirements related to filing a personal injury claim against the federal government, it is critical to obtain experienced counsel. You can reach Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
