Can You Sue the Government for Personal Injury?

I’m sure you’ve heard people ask, can you sue the government? To answer this question, there are specific details to understand first.

Find out more here.

Introduction

It is so common to hear of personal injury cases that occur at the hand of an employer, a local retail chain and the like. But what happens if you are injured due to the actions (or inactions) of a federal employee or government body? Are you able to sue the government for personal injury? The answer is yes. You can absolutely sue the government if you were injured. Before doing so, though, there are a few things you need to take into consideration.

Let’s take a look at what filing a claim against the United States government looks like, shall we?

Case Examples

Ever wonder what someone would sue the government for? Curious as to what is considered an injury due to the government employee’s negligence? Here are a few case examples:

• Visiting government offices, such as the post office or social security administration, are places that, if an injury occurs due to negligence, could result in a valid claim. For instance, if you are to fall due to unmarked cords or slip due to a puddle of water, these are valid personal injury claims.
• S. postal workers are federal employees that we see regularly within our communities. If you are, for instance, injured in an accident that was caused by the negligence of a postal worker, then you would have a valid claim.

Federal Tort Claims Act

Federal employees work all around us. And, there are times when we may find ourselves injured due to the government employees’ actions or lack thereof. Generally speaking, if this happens, you can file a claim in court against the government. It is the Federal Tort Claims Act of 1946 that gives us this ability.

However, this act spills out a few procedures that differ slightly when filing a claim against the government rather than another person or company. In particular, certain limitations, exceptions, and variances need to be adhered to. Special notice requirements and various statutes of limitations are different in these cases, too.

It is also important to note that your state law is what is used to file the claim. For instance, if you were to fall and get injured at the grocery store in your community and decide to file a claim, you would do so using your state’s law. This is the same law you would use when the federal government is the subject of your claim. Here’s the difference: your claim will not be filed in your state court, but rather in the U.S. District Court. And, well, there will be no jury.

Proving Your Case

Proving your case requires you to show that the person at fault breached their role or duty as a government employee. And, this employee must be handling their government business at the time of the incident – and not on their personal time. Does this mean you are out of luck with the lawsuit? No, it simply means that the suit would be brought against the person as an individual and not against the U.S. government.

So, if the employee was acting in their government duty at the time of the incident – and you can prove that his or her negligence directly caused your injury – then you should be in good shape. You should have no issue in filing a claim against the federal government.

Filing the Notice of Claim

If you have been legitimately injured and you can prove that the government is liable, then you are ready to file a notice of claim. This tort action does not commence until after this notice of claim is filed. And, it must be filed with the proper authority within the government agency you are intended to sue. As part of the Federal Tort Claims Act, this gives the government notice that you will be filing the claim so that they have time to review it. Don’t worry – this could result in good news for you as they may decide to settle your claim without having to proceed any further.

The Notice of Claim is Standard Form 95. Here you will provide:

• The facts of the case.
• The amount of damages you are seeking.

You will want to be very specific about both of these items. Once your notice is filed, the government has six months to reply. When they do, go ahead and file your claim. Don’t delay as you only have two years to do so or your forfeit your case.

Limited Damages

When you are playing in court and the federal government is your opponent, the amount of damages you can receive doesn’t come without limitations. While it is all spelled out in the Federal Tort Claims Act, you should be aware of these most important key points:

• Attorney’s fees cannot be more than 20% if you choose to settle your claim without filing a formal suit. Otherwise, the attorney’s fees cannot be more than 25%.
• There is no pre-judgment interest awarded on your claim against the government.
• The Federal Tort Claims Act does not allow for the collection of punitive damages in your claim.

Does all of this sound like a lot? Perhaps speaking to an attorney can help.

Talk to an Attorney

There are those who are well-versed and educated in the law – and then there is the rest of us. When we find ourselves injured, we want to know what our rights are. Rather than try to do it alone – seek guidance from a trusted attorney.

Face it – the U.S. Government is a huge entity. And, filing a claim against them in the federal court system can seem like a daunting task. However, when you have the right lawyer on your side, you can rest easy knowing that all the requirements, guidelines, notices, limitations, and special exceptions are being addressed.

It is always helpful to have someone who can fight for your rights and make sure that you receive the compensation you deserve. If you have been injured due to the actions of a government employee and would like more information about a personal injury case, let us help you find the right lawyer.