Personal injury lawyers practice various kinds of cases. We handle things like trucking, nursing home, and product cases. These areas of personal injury law are our focus because we have years of experience, are recognized authorities, and bring doggedness to that expertise to maximize recovery for our clients. There is however one specific practice are that is a little more personal for us.
We also handle cases involving the Federal Tort Claims Act (“FTCA”) because we respect and appreciate deeply those who serve our nation. Our fiends and family are serving and have served in various capacities and at KBA Attorneys, we want to give back to those who serve.
The Federal Tort Claims Act
The Federal Tort Claims Act (“FTCA”) allows people to sue the United States government for injuries or damages that government employees or officers caused. This is important because the government is typically immune to lawsuits per the Sovereign Immunity doctrine. That doctrine basically holds that you cannot sue the government without consent. It is a carryover from Britain.
Under the FTCA, when a federal employee acting within the scope of their official duties injures an individual or damages property due to a negligent act or omission, the aggrieved party may file an FTCA claim with the government for reimbursement for that injury or damage. Thus, people can bring FTCA claims regarding any federal agency for property damages or personal injuries. As personal injury lawyers, we focus primarily on the latter, personal injury claims.
What are Federal Tort Claims Act (“FTCA”) personal injury cases?
A FTCA personal injury case is one where a federal employee’s actions injured another person. It could be medical malpractice at a veterans’ facility. It could be injuries from other agencies like the U.S. Citizenship and Immigration Services (USCIS). For example, we are concerned about the many children lost within the immigration system who may be trafficked in the U.S. People may have civil rights claims, as well as personal injury claims.
Our focus is on claims where there has been a physical injury with pain and suffering. Although FTCA cases are a kind of personal injury claim, they are unique. The FTCA claim involves a complex area of law.
FTCA Claims Involve Different Procedural and Substantive Legal Issues
There are strict procedures and timelines that FTCA claims must follow. As shown below, mistakes can jeopardize one’s FTCA claim. For example, there are notice requirements and associated deadlines for FTCA claims. Failure to follow the FTCA process could result in the FTCA claim being lost forever. This is the same on a local level when suing states, cities, counties or other local minimalities through Local Government Tort Claims Acts (“LGCA”).
In addition to the procedural nuances for FTCA claims, the substantive law can be different too. The statute of limitations – the time by which you must file an FTCA claim – can vary. The level of culpability may be different. Admissibility of evidence and other nuance exists.
Accordingly, if you believe your physical injuries arose from negligence within the government or because of a negligent government agency employee or officer, an FTCA attorney may be able to help. Ketterer, Browne & Associates, LLC can help veterans with medical malpractice claims for example. You deserve to know your rights, so let an FTCA claims lawyer provide guidance in your case.
Establishing a Successful FTCA Claim
Veterans must take a number of steps to succeed with an FTCA claim. Generally, these claims are only viable when they establish four specific elements. An FTCA claims attorney can ensure each of these elements is met.
First, a veteran must be able to show that they were injured by the actions of a federal employee – like an accusation of malpractice where the government deviated from the “standard of care.” Put simply, the standard of care is the reasonable degree of care, attention, diligence, a typical person in the profession would exercise under similar circumstances. The critical issue is that the damage resulted directly from the acts or omissions of a government employee.
Second, there should be evidence that the federal employee acted within the scope of their employment, or role. That means a federal employee who was acting in their own interests may not face an FTCA claim. For example, a Veterans Administration worker who was involved in a car accident while driving their personal vehicle might not lead to a viable FTCA claim if they were on a personal errand.
Third, there must be evidence of negligence. One way to think about negligence is: doing something a reasonably prudent, safe, person would not do or failing to do something a reasonably safe person would do in the situation. While a viable claim can result from a careless or reckless act, an unavoidable accident by a federal employee may not be enough to result in a viable FTCA claim.
Finally, there must be a connection between the damage that occurred and the act of negligence, or causation. The link between damage that occurs and the negligent act that caused it is an important part of a successful claim, given that the federal government will not provide compensation for unrelated acts, omissions, or damages.
Causation is usually the battleground in personal injury cases and why an experienced attorney can be of significant assistance. Defendants will point to co-morbidities and other alternative causes or minimize the injuries. Thus, attorneys like those at KBA attorneys who can retain qualified expert witnesses, who understand the interplay between legal and medical theories, and who can develop trial-worthy evidence such as computer animations are worth speaking with to explore your options.
A Summary of the FTCA Claim Elements
The U.S. House of Representatives has a good primer on FTCA claims. It outlines the basics more succinctly as follows:
In essence an FTCA claim is just a negligence claim, with a federal government hook. The FTCA claim attorney must introduce admissible evidence to satisfy each element. That starts with the presentation of the FTCA claim during the notice process and subsequent demand and settlement efforts.
Settling FTCA Claims with the Government
The FTCA permits lawsuits against the government in some situations. It permits, really encourages, settlements considering the procedural hoops involved.
Settlements can be favorable for plaintiffs. They may avoid the cost and stress of litigation and trial. They also minimize the risks that come with each.
Settlement agreements also allow the government agency to retain some control over the outcome of the tort claim. Nonetheless, the government will not always offer settlements, especially if the claim is not presented well. An FTCA claim attorney may work to resolve a case by negotiating with the federal government to put as little stress on the claimant as possible.
The Attorneys at KBA Have Settled FTCA Claims
We have experience litigating and settling FTCA claims. We have been through the process and settled cases for seven figures. Every FTCA claim is different and past results do not guarantee future results. Each case is different and a past record is no assurance that an FTCA attorney will be successful in reaching a favorable result in any future FTCA claim. Furthermore, we have to decline some cases, and sometimes an FTCA claim fails.
Additionally, settlements are not the end-all-be-all for every case. We work with our FTCA claim clients to determine how far they want to go. How to handle an FTCA claim is highly personal. We seek to empower our FTCA claim clients to fight, but we must pick our battles. Trial is not always, even often, the best approach.
An FTCA Claim Requires More than the Usual Litigation and Trial Expertise as a Run-of-the-Mill Personal Injury Case
It important to have an FTCA claim attorney who understands the FTCA. An FTCA claim attorney has to also have good litigation and trial experience. You have to build an FTCA case to persuade a different audience that the average personal injury case.
There are no Jury Trials in FTCA Claims
Judges handle FTCA claims as opposed to juries. There is no right to a jury trial of civilians under the FTCA. 28 U.S.C. 2402. There is no showboating, smoke and mirrors. You have to bring your A-game to the Courtroom; know the Rules of Procedure, Rules of Evidence, and the law. Thus, an FTCA claim requires more.
We Fight FTCA Claims for Those Willing to Fight for Us
We work with the FTCA because we have decades of experience fighting tough cases. Our attorneys dive into the underlying science, medicine, and technology involved in each case. We tackle tough issues. Our cases have involved the biggest, toughest defense firms in America. That battle-tested experience serves Veterans well. We want Veterans and their families to have access to the best personal injury lawyers around because they sacrificed for us.
Contact an FTCA Claim Attorney Right Away
The FTCA provides injured parties relief. Certain negligent acts or omissions may allow for compensation via the FTCA. If you are a military veteran, this is incredibly important if you were exposed to negligent care at the VA or some other agency. The FTCA extends well beyond Veterans.
That said, securing a favorable outcome in these cases is not easy. If you are considering an FTCA claim, now is the time to seek the legal counsel of KBA Attorneys. Call an FTCA claim lawyer as soon as possible to learn about your legal options under the FTCA.
Note this is different than Veterans’ Benefits. We work with Veterans’ Benefit organizations if you need assistance.