Federal Negligence of Organization Attorneys
If you’ve been injured because of the negligence of a federal employee or agency, you can file a claim to hold them liable. It may seem strange to sue the federal government, but it can be held accountable under the right circumstances. The attorneys at Leav & Steinberg LLP can help you file a claim against the proper agency to secure compensation for your injuries.
What Is Federal Negligence?
There are several instances in which the federal government can be sued for negligence for personal injuries, wrongful death, and property damage. One example is a postal worker running a red light and crashing into your car. If you fall down the stairs in a federal building because the handrails are damaged, you can also file a claim against that agency based on premises liability. You may even be able to sue the federal government if a doctor or nurse at your Veterans Affairs (VA) medical center commits medical malpractice by giving you inadequate care.
What Qualifies as a Federal Negligence Claim?
The federal government can only be held liable if a federal agency or employee caused your injury. There is a different procedure for filing claims against local government agencies or independent contractors who are temporarily working on a project for the federal government. Additionally, if a federal employee caused your injuries, it must occur within the scope of their employment. Any incidents that happen during their free time would fall under a regular personal injury claim. Even though you are suing the federal government, your claim must be based on the state laws where the incident happened. Because there are several factors to consider before filing your claim, you should consult a personal injury attorney to review your case’s details and offer advice.
The Federal Tort Claims Act
In a holdover from the U.S.’s history as a part of the British Empire, the federal government typically holds what is called “sovereign immunity,” which means that it can’t be sued by one of its citizens. However, Congress passed the Federal Torts Claim Act in 1946 to provide Americans with a way to hold the federal government responsible for the negligence of its agencies and employees. To file a claim, you must use a Standard Form 95 (SF 95) to notify the liable federal agency that you are suing them. In this document, you should include the details of your case and the amount of compensation you are seeking. You have two years from the date of the incident to file an SF 95. Then, the federal agency has six months to respond to your claim. They will either accept or deny fault. Even when an agency admits that it was at fault, it might choose to pay only a percentage of the amount you requested. If a federal agency denies your claim or refuses to pay the entire amount, you only have six months to file a lawsuit to seek full compensation.
Contact a Federal Negligence Lawyer
Suing the federal government can be a long and complicated process. If you or a loved one has been hurt by the negligence of a federal agency or employee, you should contact an experienced personal injury attorney to handle your claim. The lawyers at Leav & Steinberg can gather evidence for your case, submit the proper paperwork, contact the liable agency, and file a lawsuit if the agency denies full liability. We will use our knowledge of the legal system to help you receive the compensation you deserve. We can meet you at one of our two offices in New York City or at a location that’s closer to you. Schedule a free consultation with one of our lawyers by calling us at 212-766-5222.