Claims against the Federal Government in California

Individuals involved in accidents caused by government or military officials or that happen on government property need to file a lawsuit against the federal government – a process that is not as straightforward as a lawsuit against a regular individual who caused a car accident, for example.

A Los Angeles personal injury attorney is able to help you if you have been involved in such an accident. An individual can only sue the government only in certain cases and under the provisions of the Federal Tort Claims Act. An experienced lawyer will be able to help you and advise you regarding the steps you should follow in order to take legal action.

The Federal Tort Claims Act

The law stipulates that an individual can take legal action against the federal government only if he is allowed to do so. The Federal Tort Claims Act (FTCA) contains the main provisions for these types of cases and before filing any lawsuit you should know exactly if your case is one of the approved ones.

The federal government can be held liable for damages caused by a federal employee who acts negligently or wrongfully. A lawsuit can be filed only when the accident or damage is caused by a federal employee and not by an independent contractor who was acting on behalf of the government. One example of such an accident would be a car or motorcycle accident with a U.S. Marshal acting within the scope of employment.

The statute of limitations for claims against a Government entity or a state one is different from the usual time limit imposed in California for filing a personal injury lawsuit. The notice of claim must be presented to the federal agency within two years after the claim accrues (28 U.S.C. §2401(b)); for California state or local public entities, a written claim is generally due within six months (Gov. Code §911.2). The usual time frame to take legal action for claims against another individual or company is two years from the date of the injury.

The Government will either accept or decline the submitted notice of claim. A federal agency has six months to decide (28 U.S.C. §2675(a)); for California public entities the period is 45 days (Gov. Code §912.4). If the Government agency does not respond within this time limit then that plaintiff may have the right to treat the claim as denied and file a court lawsuit; after a written denial, suit must be filed within six months of its mailing (28 U.S.C. §2401(b), §2675(a)).

The following video summarizes the process for making a claim against the government and offers some advice to claimants: 

Filing a lawsuit against the federal government

Any claims against the federal government are brought in the federal district court for the judicial district where you reside or where the accident occurred. There are strict procedures to follow when making such a claim and the FTCA stipulates that individuals should first submit their claim together with a standard form. A Los Angeles personal injury attorney can help you fill in this form so that you can include all the relevant information for your case. It is important to know that the claim needs to be different, depending on which Government or Federal agency is liable for your injuries. A lawyer can also help you determine to which federal agency you need to submit your claim to. 

The amount of damages you can ask for during a lawsuit against the government are limited to the amount first described in the application form, except for newly discovered evidence or intervening facts (28 U.S.C. §2675(b)). Individuals cannot ask for punitive damages in these cases.

Attorneys assist victims of many types of injuries. Assistance is also available if you have been injured in an accident on the street or one that occurred by the negligence of a medical professional, in a hospital or a clinic, while you were receiving treatment for another illness or injury. Medical malpractice lawyers in Los Angeles can help you file the claim within the legally prescribed time limit.

For more information , you can contact us through the form.

If you are interested in other types of cases, you can forward your questions to us through the form. If you or your baby were injured during childbirth, a lawyer can provide legal services and representation if you are ready to file a claim for a birth injury. Please do not hesitate to reach out to birth injury lawyers in Los Angeles if you have questions.

We can also refer you to information on other types of personal injury cases:

– truck accident attorneys in Los Angeles, 

– brain injury attorneys in Los Angeles,

– slip and fall lawyers in Los Angeles,

– wrongful death attorney in Los Angeles,– malpractice attorney Los Angeles.