Sovereign Immunity In Federal Tort Claims Actions

When a person is injured due to the negligent actions of another person or party, they generally have the right to seek damages in court to compensate them for their expenses and damages. However, until a relatively recent point in time, an injured person could not sue a government, even if their injuries were directly caused by government action. This doctrine is known as sovereign immunity.

The U.S. Federal Tort Claims Act (FTCA) is a limited waiver of sovereign immunity, allowing some lawsuits to be filed against the U.S. government in very specific circumstances. If you have been injured and you believe your claim might qualify under the FTCA, an Alabama FTCA claim attorney from Goldasich, Vick & Fulk may be able to help.

Words

The concept of sovereign immunity dates back to English common law, and was originally instituted because governments were much smaller, and time had to be prioritized. If every private individual with a grievance was able to sue the reigning monarch in court, the monarch would (at least in theory) have no time for governance. Today’s governments are generally willing to waive sovereign immunity to a certain degree, but only up to a point.

The Federal Tort Claims Act was passed in 1946, weakening sovereign immunity to the extent that Congress allowed for it to be weakened – in other words, the FTCA does permit citizens to sue their government, but only in certain circumstances and only to recover actual (not punitive) damages in most cases. The Act allows an injured plaintiff to sue if a government employee – this term having a specific definition in the Act – causes injury while performing their job negligently.

Words

The FTCA has given rise to several similar laws being passed at the state level, to both give an injured plaintiff a chance to recover damages, and to establish firmly what rights they may or may not have. For example, both Florida’s sovereign immunity statute and the FTCA restrict the plaintiff’s ability to collect punitive damages, even if the government’s conduct was particularly egregious.

Another commonality between Florida state law and the FTCA is that both only allow a suit to go forward if a private person would be just as liable for the same action. For example, if a government employee on business for their boss gets into an auto accident with another driver, they will generally be liable for damages because a private person would be liable in the same situation. If you have been hurt by the actions of a government employee, it is a good idea to investigate these laws.

Need To Sue The Government? We May Be Able To Help

There are slight differences between the state and federal laws on this score, but in general, the same procedure is followed. If you have questions or concerns about a possible sovereign immunity case, a Birmingham FTCA claims attorney from Goldasich, Vick & Fulk may be able to help get them answered. We are here to help – call our office today to schedule a consultation.

Source:

law.cornell.edu/uscode/text/28/2671