What is the federal tort claims act?
What is the federal tort claims act?
The Federal Tort Claims Act is an exception to the rule against suing the federal government. It sets requirements needed to pursue a claim for negligence.
Bringing Suit via the Federal Tort Claims Act
Under the law, private citizens have historically been unable to sue the United States in federal court for injuries caused by negligent or wrongful conduct on the part of someone acting on behalf of the federal government. The barring of these types of suits is due to a doctrine referred to as sovereign immunity, which says private persons can only file a legal suit with the government’s permission. The Federal Tort Claims Act (FTCA), however, provides a limited waiver of sovereign immunity and sets out the areas in which private persons can bring a suit against the government.
Highlights of the FTCA
The FTCA limits the permitted legal actions by time, subject matter, and the nature of the injury. Here are some of the highlights of the Act:
- The FTCA establishes a two-year limitation on filing, but the timeframe may be shortened based on certain factors.
- The FTCA bars recovery of punitive damages.
- The law does not allow recovery for intentional misconduct.
- The cause of injury must be by persons acting within the scope of their employment.
- The offending acts must have been actionable under the law of the state in which the injury occurred.
- The plaintiff must first exhaust administrative remedies by filing a claim with the federal agency that employed the person that caused the injury or loss.
Filing the Federal Lawsuit
The law requires a plaintiff to first file a claim with the local federal agency that employed the offending party. The agency then has a period of 180 days to make a decision. If the agency decides against the claim or fails to issue a decision, the plaintiff can file a federal suit.
The plaintiff must file suit in the federal district court presiding over the area in which the injury occurred. The suit cannot seek more damages than the original claim unless the additional damages are supported by new evidence.
Whether you need an auto accident lawyer in Albuquerque or a wrongful death attorney in Albuquerque, Bowles Law Firm offers experienced personal injury attorneys for Albuquerque residents. We can even provide you with an expert medical malpractice attorney in New Mexico if you need to pursue federal negligence claims. Turn to us to find more information on the FTCA and learn how experienced criminal defense attorneys in Albuquerque can help with your claim.
