Federal Tort Claims Act
Car Accident Claims Against Federal Agencies
Federal tort claims are those against the federal government for damages to property, personal injuries, or death caused by the negligent or wrongful acts of a government employee while they were acting within the scope of their employment. Generally, you are not allowed to sue the United States Government unless allowed by statute or law. Under the Federal Tort Claims Act (FTCA), those injured by the negligent acts of federal employees in automobile accidents have an avenue of recovery. These claims greatly differ from claims against a private insurance company, as one must jump through many hoops and barrels to get his or her claim processed and finalized. The Memphis auto accident attorneys at Nahon, Saharovich & Trotz are familiar and experienced in handling claims under the FTCA, and our firm has a team of over 30 attorneys available to speak with you today.
Filing Claims Under the Federal Tort Claims Act
Federal tort claims are highly complex and require you to follow several different procedures in order for you to file your claim. With claims under the FTCA, the injured party will normally file his or her claim using Standard Form 95, which requests a multitude of information. This form requests the known facts and circumstances surrounding the damage, description of property damage, extent of bodily injuries, witness information, and the amount of monetary compensation requested for property damage, personal injury, and/or wrongful death.
Below is a list of federal agencies that would fall under the FTCA:
- United States Postal Service (USPS)
- Internal Revenue Service (IRS)
- Drug Enforcement Agency (DEA)
- Federal Bureau of Investigation (FBI)
- Federal Bureau of Prisons
- United States Armed Forces
If you or a loved one has been injured in a car accident in Memphis or the surrounding areas due to the negligent acts of a federal employee, you have two (2) years from the date of the accident to file your claim. Federal district courts have jurisdiction to preside over a civil lawsuit resulting from a tort committed by a federal employee during the course and scope of employment. Moreover, whereas in auto accidents with non-government employees where you are allowed a jury trial in the county of which the accident occurred, claims under the FTCA are bench trials, meaning they are heard before a judge, not a jury. Also, where punitive damages could be awarded in your typical car accident claim, punitive damages are precluded under the FTCA.
Call NST to Discuss Your Rights with a Personal Injury Attorney in Memphis
If you have been injured due to the negligent actions of a federal employee in the course and scope of employment, it is important to contact an attorney right away. These claims are highly procedural and one false step could prohibit you from recovering anything at all, even if you or a loved one was severely hurt. At Nahon, Saharovich & Trotz, our attorneys help injured parties assert their rights under the FTCA. We serve those injured throughout Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, as well as cities such as Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office by calling 800-529-4004 or by completing our online form to set up a free consultation. Once you get to know our car and truck wreck lawyers, you will realize NST is the way to go.
TYPES OF ACCIDENTS
Our client was walking in a Tennessee gas station parking lot when he was struck by a commercial concrete truck. He broke both of his legs and underwent extensive medical treatment.