Can I Sue A Government After An Injury?
Normally, if a person is injured by a private individual or by a business, they have the right to file suit against them and seek damages for the harm they suffered. If that person’s injuries were caused by a government or governmental employee, however, an injured person will have a much more difficult time, due to a common-law concept known as sovereign immunity effectively preventing governments from being sued.
If you have been injured in an accident involving federal personnel, it may be the case that the person or entity that injured you is immune from suit – but there are exceptions to the sovereign immunity rule. The Birmingham FTCA claims attorneys from Goldasich, Vick & Fulk can help you determine whether or not you have a case to pursue. We are here to help.
State Laws vs FTCA
The question of whether or not one may sue a local or state government is highly contextual. Sovereign immunity can be waived, either wholly or partially, and indeed, many states do this – for example, Florida waives the doctrine enough to allow certain specific types of lawsuits against state employees, though other types are still barred.
Alabama, by comparison, prohibits any kind of negligence lawsuit against the state, stating in no uncertain terms that the state “shall never be made a defendant” in any court.
By comparison, suing a federal agency or employee is much more straightforward, though it can still be very limited. The Federal Tort Claims Act (FTCA) is a law passed in 1946 that permits people injured by the actions of the U.S. federal government to file suit and seek damages if certain specific circumstances apply – in general, if the injured plaintiff would recover if the defendant was a private citizen, they can generally recover with the defendant being a government employee.
Should I File?
It is important to keep in mind that while the FTCA is effectively an exception to sovereign immunity, there are exceptions to the FTCA. For example, an injured person cannot file an FTCA claim against someone performing combat functions in the military during wartime. A government employee also cannot be sued for failing to perform a function that is specifically discretionary.
If you determine that you do have a case to file under the FTCA, you must then first file an administrative claim with the relevant agency – for example, a protestor who suspects they have been the victim of excessive force may file with the Department of Defense. The Department then has six months to respond – if they do not, the injured plaintiff may then file suit in the appropriate court.
Let Us Help You Seek Compensation
Filing a FTCA claim can feel extremely intimidating to the average person. An experienced Birmingham FTCA claims attorney from Goldasich, Vick & Fulk can help minimize the stress so that the injured plaintiff can focus on healing from physical and emotional injuries. Call our office today at (205) 731-2566 to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html
