Commonly Asked Questions About the Federal Tort Claims Act
Sometimes people suffer an injury because of the negligent actions of an employee of the federal government. When this happens, the injured person often wants to know if they are legally allowed to sue that employee or even the federal government itself. When someone suffers an injury at the hands of a federal employee, the Federal Tort Claims Act, or FTCA, will determine whether you can sue. Here are several questions people often have about the Federal Tort Claims Act.
What is the Federal Tort Claims Act?
Enacted in 1948, the FTCA is a federal law that allows private citizens to sue the federal government in some situations. The FTCA allows private citizens to sue the United State government when an employee of the government acts negligently and causes that person harm. Do you need more information: What is Personal Injury Law
Prior to the passage of the FTCA, private citizens couldn’t sue the government even if government employees acted negligently. This was because of a principle known as “sovereign immunity.” Sovereign immunity is a legal rule that says that state, federal, and tribal governments cannot be sued.
In other words, under the principle of sovereign immunity, people could not sue their government even if the government did something that harmed them. The FTCA is an exception to the general principle of sovereign immunity.
What is a tort?
A “tort” is any kind of wrongful action that leads someone else to suffer harm for which the law provides a remedy. When a person commits a tort, that person can be sued by anyone who suffers harm or an injury that results from the wrongful action. In other words, a tort is a legal basis for a lawsuit that arises out of a personal injury case.
Under the Federal Tort Claims Act, people can sue the federal government for torts that arise when a federal employee negligently causes someone harm. Torts can arise for several reasons, but negligence-based torts are the most common.
When can I sue the federal government?
If you suffer an injury at the hands of a federal employee, you can likely file a personal injury lawsuit against the government itself. In general, you can file an FTCA lawsuit if a federal employee negligently does something that leads to you suffering an injury or loss. However, there are some key limitations to this law. Please find more information on this website here @ http://accident-lawyers-dallas.com/
First, the federal employee has to act within the scope of his or her duties when harm arises.
Second, you can only sue the government if the federal employee acted negligently. Government workers who cause harm because of intentional action are not covered under the FTCA, even though they might be covered under different federal laws.
Finally, the state in which the action occurred must have laws that allow you to sue the government. Because each state has different laws that apply to these types of situations, it’s vital that you speak to a personal injury attorney if you are considering any type of lawsuit against the federal government.