Birmingham Federal Tort Claims Act Attorney

In personal injury cases involving individuals, the general process is to seek compensation from the liable party. The victim files a claim to receive restitution to pay for damages.

The process is different when the federal government is involved, however. When an employee or agent of the federal government causes injuries and other damages due to their negligence, they are not the ones considered liable. Instead, fault lies with the U.S. government.

The claim must be filed under the Federal Tort Claims Act, a statute that was created in 1946. This act allows people to hold the U.S. government responsible for wrongdoing committed by its employees or agents. However, it does not cover injuries caused by intentional misconduct. Before this statute was enacted, the federal government was protected from claims under sovereign immunity.

Examples of Federal Torts

So what exactly is a federal tort? Here are some examples:

• Car accident involving an on-duty FBI agent
• Slipping and falling in a post office
• Medical malpractice by a VA doctor

However, not every incident involving a federal office or employee can be filed as a claim under the Federal Tort Claims Act. Basically, your claim will not be allowed unless the government allows you to sue.

While the act is intended to provide compensation for property loss, injury, or death caused by the negligent or wrongful act by any government employee, this is up for interpretation. For example, these exceptions apply:

• Independent contractors cannot be sued.
• The incident must have occurred within the scope of the federal employee’s employment.
• The claim must be permitted in the state in which the incident occurred.