Suing the Government – The Notice of Claim should be addressed to everyone involved in the injury claim, and mailed through certified mail to each person or entity involved in the claim. The notice may also need to be mailed to a single government agency that receives all Notice of Claim forms.
Once your claim is submitted, the federal agency has six months to rule on it. The federal agency has the obligation to either accept your claim or reject it. Hopefully, your claim will be accepted. However, if your claim is rejected, you will need to consult with a competent attorney to discuss any other options you may have.
Time limit to file a lawsuit against the government
Suing the Government – There is a grace period of about ninety days after the ruling on the notice of claim to file a lawsuit. The period sometimes differs from state to state. It is advisable to file your lawsuit as soon as possible after receiving this decision to avoid any chance of having your lawsuit dismissed as untimely. Apart from the above-mentioned procedure, there are a few other limitations to be observed so your case doesn’t get quashed in the court for lack of merit.
Although the limitations and exceptions are too numerous to review in this article, here are some general guidelines regarding the limitations on FTCA claims:
- Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).
- The negligent or wrongful conduct must have been done within the scope of the defendant’s employment.
- In general, only claims of negligence — as opposed to intentional misconduct — are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).
- The claim must be based on — and permitted by — the law of the state in which the misconduct occurred.
Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. So if you think you may have a valid claim, it may be worth pursuing. Contact The Attorneys For Freedom Law Firm if you think you may have a valid FTCA claim. – Suing the Government
Think you may have a civil rights, police abuse or police misconduct claim? If so, fill out our Civil Rights intake form below and we will review your matter for free and let you know if you have a claim we would accept and under what conditions.