Statute of Limitations for Federal FTCA Lawsuit
If you file a claim with the government agency within the statute of limitations but your claim is denied, or if it isn’t resolved with a satisfactory settlement offer within six months, you then have the right to file a lawsuit against the government agency in federal court. You must do so within six months of the date your claim with the agency was denied.
When You Might Have a Case Under the FTCA
Not sure if the FTCA applies in your situation? You may have a case under the FTCA if all of the following apply:
- You were injured or suffered property damage due to the negligence or wrongful actions of an employee of the federal government.
- The federal employee responsible for the injury or damage was acting within the scope of their official duties at the time of the incident.
- That person’s action, or negligent failure to act, would give rise to liability under state law if the government were a private individual.
Common Types of FTCA Cases
Examples of common kinds of FTCA cases include:
- Medical malpractice in a federally funded hospital or clinic
- Vehicle accidents caused by federal employees driving government vehicles
- Slip and fall accidents in federal buildings or properties
- Wrongful death of a loved one caused by a government employee’s negligence
Key FTCA Exceptions
Not every injury caused by a person acting on behalf of the government is covered under the FTCA. Examples of situations to which the FTCA doesn’t apply include:
- Injuries or damages caused by independent contractors doing work for the government
- Injuries or damages that arise out of military combatant scenarios
- Assault and battery, except in certain types of law enforcement situations
What You Could Recover in a FTCA Case
Under the FTCA, you may recover damages consistent with what would be awarded in a personal injury case under state law, including:
- Past and future medical expenses
- Lost wages
- Loss of earning capacity
- Property damage
- Pain and suffering
In an FTCA case involving the wrongful death of a loved one, you may also be able to recover damages for funeral expenses, loss of companionship, and other related losses.
How Our FTCA Legal Team Benefits You
If you believe you have an FTCA case against the government, it’s in your best interest to contact an attorney with experience handling this type of claim. The lawyers at Fowler Pickert Eisenmenger Norfleet are ready to help, and we urge you not to delay. Here are the many ways we can help.
Navigating Complex FTCA Rules
FTCA cases involve numerous procedural rules that must be followed precisely. An attorney with expertise in these claims will follow these rules to the letter and ensure your claim is properly filed to maximize your potential recovery.
Meeting Strict Deadlines
The statute of limitations for administrative claims is strict, as is the deadline for filing a federal lawsuit if your claim with the government agency is denied or not appropriately resolved. Not abiding by these timelines could result in your claim being dismissed.
Negotiating Effectively With a Government Agency
If the federal agency offers a settlement due to your administrative claim, a skilled FTCA lawyer will help you evaluate whether the offer is fair and negotiate on your behalf.
Litigating Your Case in Federal Court
If your case proceeds to federal court, you have the benefit of legal counsel who has been with you from the beginning of your claim to present crucial evidence and argue your case.
Determining liability in FTCA claims can be an intricate undertaking. It’s not always straightforward to establish that a federal employee's actions were the direct cause of the harm suffered. But our attorneys understand the many layers of government bureaucracy, and you can be assured that we’ll conduct thorough investigations, gather evidence, and collaborate with expert witnesses to build a strong case establishing the government employee's liability.
