Federal Tort Claims Act Attorney
If you’ve been wronged by the federal government, our skilled lawyers have the skill and resources to get the justice you deserve.
When you believe, you have a legal claim against a United States agency or employee; you need a highly experienced and skilled attorney who is prepared to go up against the power and resources of the federal government. At Paul Padda Law, we are ready to do exactly that. Our team is comprised of veteran litigators and former federal prosecutors, who have spent years working within the government. We have represented numerous high-ranking officials and achieved considerable success due to our representation. Our Las Vegas federal lawyers understand the ins and outs of the system, including the strict procedural and administrative rules, which is essential when you believe the federal government owes you compensation for the damage or loss you have endured.
If you believe an employee of the federal government is responsible for your injuries or a loved one’s tragic death, contact a Federal Torts Claims Act attorney from Paul Padda Law through the online form or at (702) 366-1888.
We offer free, no risk consultations where we can advise you on how to best pursue your recovery and take cases on a contingency basis, meaning there is no cost unless you win.
The Federal Tort Claims Act or “FTCA”
When someone’s carelessness or recklessness causes you harm, then you have the right to pursue compensation through a personal injury claim. The same is true when a business is at fault for your injuries. If an on-duty employee or agent of a business was careless or reckless, then their employer may be liable. But what about when an employee or agent of the federal government is negligent? Depending on the facts of your case, you may have the right to file a claim for compensation under the Federal Torts Claims Act (FTCA).
If you believe a government employee, who was working at the time of the incident, was negligent and is responsible for your injuries, call Paul Padda Law about suing the federal government. An FTCA lawyer will explain your rights and guide you through the process.
Examples of FTCA claims include:
- Vehicle accidents with government employees, such as a U.S. Postal Service truck.
- Veterans Administration (VA) medical malpractice.
- Assault and battery by an investigative or law enforcement officer, such as from the Federal Bureau of Investigations (FBI) or Drug Enforcement Administration (DEA).
Federal Tort Claims Act Procedure
If you wish to bring a government tort claim, then you need to speak with an attorney as soon as possible. Not all injury claims are allowed under the FTCA. A lawyer will review your situation and advise you on whether you may sue the government based on the FTCA or not. If your suit does not fit under the FTCA, then it is barred by the doctrine of sovereign immunity. For example, the person who caused you harm must have been a government employee, not an independent contractor hired by the government. Additionally, the government is generally immune from claims of intentional misconduct, except in rare circumstances when the intentional misconduct is caused by a law enforcement officer.
There is a specific process you must follow to pursue compensation. Your attorney will explain the rules and ensure they are adhered to throughout the process. You must first file an administrative claim with the government for compensation. The claim must go to the specific federal agency you believe is liable for the employee’s negligence. While the U.S. Department of Justice provides a form, you should not pursue an administrative claim without talking with a Federal Tort Claims Act attorney first.
The Federal Torts Claims Act statute of limitations is two years. You have up to two years to file the administrative claim, however, it is best to work with a lawyer and file it right away. Also, your state’s relevant statute of limitations may be shorter and offer you less time to file.
Your administrative claim must provide details regarding the accident, your injuries, and the damages your request. In the claim, you must establish:
- You were injured by a federal government employee;
- The employee was acting within the scope of their official duties;
- The employee was acting negligently or wrongfully; and
- The negligent or wrongful act caused your injuries.
The federal agency has up to six months to respond to your administrative claim. It may accept or reject your claim. If you do not receive a response within six months or your claim is rejected, then you and your FTCA lawyer may file a lawsuit against the federal government.