Governmental Liability Lawyers
Federal Tort Claims Act Attorneys and State Tort Claims Act Attorneys
Tort Claims Act Lawyers - Government Liability Lawyers Serving Residents Injured by the State or Municipal Government
An old Latin adage advises "Rex non potest peccare," or, in English, "The King can do no wrong." This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Modern society has changed laws to better reflect a democratic society, and now states can be sued under some circumstances.
The laws dictating what the government can be sued for and how are extremely complicated. The basic premise of the laws are that no part of the government and no one working for the government can be sued for anything done within the discretion of their job. This eliminates many possible types of lawsuits, but leaves room for possibilities when Governments or Government officials fail to enforce your rights.
Every state has an extensive statute concerning the procedure and rules for suing the state or cities and counties within it. In order to be found liable, a governmental agency normally must have had some kind of notice of the problem which caused your injury before you were hurt. A Governmental Liability Attorney will help you understand how the law fits the facts of your case. Only a qualified governmental Liability lawyer can tell you how these laws fit your situation. Governmental liability laws often come with complicated requirements for quickly giving the government notice of the suit. You should contact a Governmental Liability lawyer as soon as possible if anything done by any government or person working for the government has caused you injury. The most common type of claim against a city is a slip and fall claim. This type of claim occurs when you are injured on a property owned by the city or state.
Federal Tort Claims Act Lawyer - Serving Residents Injured by the Federal Government
Just like the Federal Government traditionally enjoyed sovereign immunity, and therefore those injured by actions of the federal government could not sue to recover damages. However, the federal government was the largest employer in the United States and many injured employees of the federal government needed compensation for their injuries. In addition, many people not employed by the federal government were also being injured by it and they too needed compensation. For example, if a federal government employee was negligently driving a car and injured a resident, that person would likely need to seek damages from the federal government to compensate them for their injuries. This is just one example of a myriad of ways in which the issue of federal government liability arose over the years. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA differs from your state's Government tort claims act, but works the same way no matter what state you sue in.
- Prior to filing suit under the FTCA, a claimant must present his claim to the federal agency out of whose activities the claim arises. 28 U.S.C. Sec. 2675;
- This must be done within two years after the claim accrues. 28 U.S.C. Sec. 2401.14;
- If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C. Sections 2401, 2675;
- No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim;
- Suits under the FTCA are tried without a jury. 28 U.S.C. Section 2402;
- An agency may not settle a claim for more than $25,000 without the prior written approval of the Attorney General or his designee;
- United States attorneys are authorized to settle claims in amounts up to $1 million; and
- A court may not order the United States to pay a claimant's attorneys' fees unless the court finds the United States to have acted in bad faith. 28 U.S.C. Sec. 2412(b).
The FTCA applies to many government employees that are injured. For example, postal workers in are often injured and seek the help and advice of Postal Service injury lawyers. A variety of other government employees and private residents of the and areas may also be injured by actions of either the federal, state, or municipal government. If you, or a loved one, has suffered an injury due to the negligence of the government, or while on the job as a government employee, call one of the governmental liability lawyers on this page for a consultation.
UNITED STATES CODE: TITLE 28 - PART VI - CHAPTER 171
Section 2671. Definitions
Section 2672. Administrative adjustment of claims
Section 2673. Reports to Congress
Section 2674. Liability of United States
The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
Section 2675. Disposition by federal agency as prerequisite; evidence
Section 2676. Judgment as bar
Section 2677. Compromise
Section 2678. Attorney fees; penalty
Section 2679. Exclusiveness of remedy
Section 2680. Exceptions