Explaining The Federal Tort Claims Act (FTCA)
When a person’s negligence causes you injury, you have the option of filing suit against them in civil court. If the federal government causes you injury, you will have little recourse in most situations. However, the Federal Tort Claims Act (FTCA) allows individuals to file suit against the federal government in very specific situations – namely, in certain personal injury contexts – to try and recover monetary damages for the injuries they have experienced.
If you have a case you believe falls under the FTCA, it can still feel overwhelming to try and actually file suit. The Birmingham FTCA claims attorneys at Goldasich, Vick & Fulk are here to help you get the best possible chance to get the benefits you deserve.
Government Consents To Be Sued
In the normal course of business, the federal government cannot be sued by individuals – if it could, the government would never get anything done because it would spend all its time defending itself in court. This principle is known as sovereign immunity, and in general, it means that a government cannot be sued by an individual unless it agrees to be sued. The interest of the citizenry in having a functioning government is valued more highly than the interests of individuals in seeking restitution.
The FTCA came into being to cover the personal injury cases caused by the tortious acts of individual federal employees. In other words, if a person could be sued for committing an act as a private individual, the fact that they work for the U.S. government will not protect them from suit if they commit the same act on the job. Certain intentional torts are exempted, but in general, tortious actions by federal employees can result in money damages to the injured party.
Extra Showings Necessary
In most cases involving negligence, an injured plaintiff must show four elements: a duty of care existing, the breach of that duty, tangible injuries suffered by the plaintiff, and causation by the defendant’s actions (or lack thereof). In FTCA cases, a plaintiff must also show that the federal employee was acting within the scope of their ‘official duties’ – that is, they must have been at least somewhat engaged in their employer’s business at the time of the tort.
One other important difference from filing suit against a private individual is that when filing suit, the injured plaintiff must include what is known as a “sum certain” – a specific, fixed amount of damages one is seeking, which cannot be changed once the suit has been filed. Trying to file suit under FTCA without a sum certain will generally result in a dismissal on procedural grounds.
We Are Here To Help
If you have been injured due to the tortious act of a federal employee, you may want to focus on physical recovery instead of financial – but you have the right to seek compensation from the person who caused you injury. Our Birmingham FTCA claims attorneys at Goldasich, Vick & Fulk are here to help guide you through what can be a complex legal process – but you do not have to go through it alone. Call our office today to schedule a consultation.
Source:
govtrackus.s3.amazonaws.com/legislink/pdf/stat/60/STATUTE-60-Pg812.pdf
