Everything You Will Need to Know About the Federal Tort Claims Act

Tort LawImagine you get hurt because a federal employee did something wrong, but you don’t know what you can do about it. They are employed by the government, so who do you even report to?

The Federal Tort Claims Act was passed in 1946 to allow the federal government to be sued in cases of wrongdoing. This means that federal employees are to be held responsible for any mistakes that result in injury to others.

Have you had to deal with this type of situation in the past? Are you currently recovering from the misdoings of a federal employee?

Keep reading to find out more about what you can do.

What is a Tort?

Simply put, a tort is a wrongful act that causes a claimant to suffer loss or harm in some way. It is a civil wrong and there are three types of torts that may cause this harm to other people. Each of them has distinct differences that help to tell them apart.

Intentional Tort

Intentional torts are when someone does something wrong to another person on purpose. Examples of this could be assault, false imprisonment, or fraud.

For the most part, this is when someone does something illegal and harmful with intent to harm.

Negligence Tort

Negligence torts occur when harm is inflicted upon another person due to failure to meet specific standards meant to keep everyone safe and happy.

These are typically due to carelessness and are actually the most common of the three types of torts.

Strict Liability Tort

Strict liability torts are a little different because they happen when responsibility for harm can be applied to someone or something without any evidence of it being their fault.

The harm has to be directly caused by the someone or something in order for the law to see the person as being the victim in these cases.

The Federal Tort Claims Act

Under the Federal Tort Claims Act, the government is self-insured and will recognize liability when a federal employee does something that results in injury to another person or their property.

If someone is injured or harmed in some way as a result of a federal employee’s actions, you may have the chance to file a claim against the government.

What Do You Need?

You have to be able to show that the federal employee was the one that harmed you or your property.

You also need to be able to prove that the employee was doing something within the realm of duties he or she is meant to be doing for the government when the harm happened.

Lastly, you will need to be able to demonstrate the employee acted wrongfully and this wrongdoing directly resulted in harm to you.

For instance, you may file a FTCA claim if you are a veteran being treated at a Veterans Administration and the doctor employed there misdiagnoses and, as a result, mistreats you.

Is This Like Any Other Lawsuit?

This type of tort claim is a little bit more challenging than a civil suit, because the FCTA is a really complex law.

It is always better to file the claim sooner rather than later in order to have the best chance of winning the case. A written claim must be filed within two years of your knowledge of the negligence or intent to harm.

Hiring an expert-level lawyer is going to be important at this stage.

Do You Have a Claim?

People are hurt everyday in some shape or form and sometimes, it is due to someone else messing up.

If you believe you may have a case that falls under the Federal Tort Claims Act, feel free to contact us and find out more about what we can do for you.

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