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Suing the Government

Suing the Government 2018-05-07T05:04:25+00:00

SUING THE GOVERNMENT

SUING THE GOVERNMENT

What you should know about 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.

Suing the Government  – Long gone are the days when government had bridled sovereign immunity. Things have now changed, all thanks to the Federal Tort Claim Act FTCA, which allows individuals to sue the government for a perceived injury caused by a government agency. Through the Federal Tort Claims Act (FTCA), the government can partially abort its immunity for certain acts of commission or omission done by its employees, including but not limited to medical malpractice and accidents. The FCTA allows you to sue for compensation when you suffer losses or damages by the action or inaction of Government organs.

If you are a victim of medical malpractice in a Federal health care facility, or you have suffered losses which are caused by an employee of the Government in the process of the discharge of duty by such employee of the government, this information should be good news to you. The Attorneys For Freedom Law Firm has been helping clients from all walks of life settle their claim and receive fair compensation for their damages.


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Determine if it is right for your to sue the government and the next steps.

The FTCA may allow you to sue the government but, you as the plaintiff must have met certain pre-conditions to enjoy this privilege. The authenticity of your claim will be the first point of call. In order for you to claim the privileges of the enactment of the FTCA (privilege allowing you to sue the government), you must be able to prove the authenticity of your claim otherwise, you will not be compensated. Proving that you have been wronged by a government functionary could be difficult, and it may require the help of an attorney to make sure you have a valid claim. The Attorneys For Freedom Law Firm can determine if you have a claim or not.

If you have been able to ascertain that you have a valid claim (you are able to sue the government), the next hurdle to pass is to follow the prescribed steps for such claims, which include some strict time limits. Before proceeding to court, it is vital that you file a notice of claim either by yourself or with the help of your attorney. The date of injury should not be more than two years ago. This means if the injury was over two years ago, you might not be eligible to file a notice of claim.


NOTICE OF CLAIM FOR SUING THE GOVERNMENT

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.


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