Federal Tort Claims Act

Birmingham, Alabama

Our Right to Sue Congress
Under federal law, United States citizens can sue Congress on behalf of its employees. Established in 1946, the Federal Tort Claims Act (FTCA) established a system for filing claims involving a number of claims such as personal injury, property damage, and death. But there are certain exclusions, like unintentional wrongdoing and discretionary acts by government employees.

Same Tasks, Same Claims
The federal government is typically exempt from lawsuits under the "sovereign immunity" doctrine. However, the FTCA is an exception to sovereign immunity. When government employees are performing a job that a private employee similarly performs (health care, for example), it can be sued the same way. The FTCA does not apply to any conduct that is uniquely governmental or incapable of being performed by private individuals.

Under this law, you can sue for things like medical malpractice by a Veterans Administration (VA) Hospital, along with any general personal injury claims against the government. Other personal injury claims include governmental negligence, like being hit by a government vehicle, or slipping and falling on federal grounds.

Complex Law
The FTCA is a complex law, and the government's liability to tort is still quite restricted. Before you can win a FTCA claim, you must consider your status at the time of negligence, the status of the negligent person, and the place where the negligence occurred.

FTCA claims may only be filed in either the jurisdiction where the negligence took place or where you live.

Necessary Documents
If you've been injured and are thinking about filing a claim against the government, you should collect the following documents and then speak to an experienced attorney.

• Medical records
• Prescriptions or notes from your physician
• Copies of medical instructions if available
• Alternative diagnoses from non-governmental doctors

The Birmingham attorneys at Burke, Harvey & Frankowski can help you file your claim and explain the details and restrictions of the Federal Tort Claims Act. Our lawyers will fight to get you the compensation you deserve. Call or e-mail us today for a free consultation.

Sitemap

• Practice Areas
• Personal Injury
• Securities Fraud
• Nursing Home Neglect/Abuse
• Defective Drugs
  & Medical Devices
• Social Security Disability
• Class Actions
• Fair Labor Practices

• Home
• About

• Testimonials
• In the News
• Verdicts & Settlements
• Blog
• Resources
• Contact Us