FEDERAL TORT CLAIMS ACT LITIGATION
This litigation has been termed a “minefield” for Plaintiffs’ attorneys. When the Federal Government is sued for injuries, there is a special body of law that applies. This law has numerous peculiarities, any of which could spell disaster in a lawsuit. Thus, in cases involving, for example, an automobile accident claim against a mail truck, the Federal Tort Claims Act is applicable and must be followed.
Baggett, McCall, Burgess, Watson & Gaughan has the required experience to handle Federal Tort Claims Act cases. In fact, other attorneys who are not familiar with this area of the law have referred these cases to our law firm for handling. Therefore, if you or someone you know has an injury or death claim against the Federal Government, contact lawyers with experience in handling these very complex cases.
Some of the peculiarities of the Federal Tort Claims Act are as follows:
The statute of limitations is two years. This means that something needs to be filed within two years of the event. Again, and as an example, if it is an automobile wreck involving a postal truck, the filing must occur within two years from the date of the collision. The filing is not a lawsuit but a federal claim form. The claim form must be filed with the appropriate governmental agency, depending on the case. There are particular requirements as to how the claim form is filed. In addition, the claim form must contain certain information, including something referred to as a “Sum Certain.” This is the amount of damages that are claimed. Once an amount is specified in the claim form, it cannot be later increased in a lawsuit. Further, once the claim form is acted upon by the Government or once a certain amount of time has passed, a lawsuit may be filed. The lawsuit must be filed in Federal Court and will be heard by a Federal Judge as opposed to a jury. These are only some of the nuances of the Federal Tort Claims Act, and it is not meant to be a “how to” list. Please do not rely on this information for anything other than knowing that these cases are complicated and require attorneys with the required knowledge and experience.
One of the successful Federal Tort Claims Act cases handled by our office was Gaddis v. United States Postal Service. Ms. Gaddis was pregnant at the time she was impacted by a postal truck. Some time later, she had an early delivery. The child was born premature with various deficits. Money was required to fund the medical expenses, therapy, and other needs of the child and family. A claim form was filed on behalf of the child and the family. The claim form was filed timely but the Federal Government did not want to pay the claim as the Government argued that the accident did not cause the premature delivery. Once the claim was rejected, we were able to file a case in Beaumont, Texas with another law firm and were successful in getting a substantial recovery for this wonderful family. Although the accident happened in Lake Charles, Louisiana, the case was filed in Beaumont, Texas because that was where the family lived at the time the filing occurred. Remarks from the claims handler with the Federal Government were that this was the most inclusive and thorough claim form he had seen.
Remember, Choose Your Lawyer Carefully. Baggett, McCall, Burgess, Watson & Gaughan can help put your life back together.
