Speaks Law Firm helps individuals seek compensation from the government through the Federal Tort Claims Act if a federal employee’s negligent behavior has caused physical injury, property damage, or loss of life.
How Can Federal Tort Claims Lawyers Help an Injured Person?
If you have been injured by a federal employee, then you are likely facing expensive medical bills and treatments, lost income, and a variety of other concerns, and you need a means by which to seek compensation for these expenses. You will need the help of federal tort claims lawyers when the person who caused your injury or property damage was acting as a government agent, and not as a private citizen.
It has long been held that if someone acts negligently or fails to act when they have a duty to do so, the injured party can sue the person or company in civil court. The wrongful act or omission is referred to as a “tort,” and tort liability typically attaches when the person who caused the injury fails to exercise a reasonable standard of care. This matter becomes more complex when the US government is the defendant.
Previous to 1946, the government was immune to lawsuits under the principle of “sovereign immunity.” Today, however, an injured party can file federal tort claims for their personal injuries and even go to court if the initial claim is denied.
Types of Federal Tort Claims
Given the expanse of the federal government, there are numerous situations where a tort claim could arise:
- Car accidents
- Premises liability
- Medical malpractice
- Military vessel and aircraft mishaps
- Incidents with federal law enforcement officers
The federal government continues to exempt some functions from liability, including wartime activities and a broad category referred to as “discretionary functions.” The discretionary function exception can be used to deny legitimate claims, so seeking counsel from a personal injury lawyer experienced in federal tort claims is critical in presenting a claim in a way to avoid the discretionary function exception.
At Speaks Law Firm, we can assess the details of your case for a federal tort claim. Contact us today to schedule a free case review.
The Speaks Law Firm proudly serves people throughout eastern North Carolina, including Wilmington, Fayetteville, Jacksonville, Wrightsville Beach, Carolina Beach, Bolivia, Burgaw, Whiteville, Lumberton, Leland, Shallote, New Hanover County, Pender County, Brunswick County, Columbus County, and Robeson County.
We Make it Easy
Suffering an injury is incredibly difficult but getting the help you need shouldn’t be. All you have to do is call our office and we’ll start reviewing your claim right away.
You Deserve Compensation
If you’ve been hurt in an accident, you need a fighter in your corner. Our attorneys will fight for the maximum amount of compensation you deserve for your injuries and other damages.
No Hidden Fees
We work on a contingency-fee basis. This means you never have to worry about hidden fees or upfront costs. In fact, we don’t get paid at all unless we win for you!
(910) 341-7570
Why Choose Speaks Law Firm?
Accidents can happen at any time. You can be as careful as you can be, but you can never predict the action of others out on the road. When this happens, you need someone to speak on your behalf to fight for your rights. Speaks Law Firm is here for you.
- Our People. Our team is our main differentiator. We hired each one for their solid background and experience in the field. This all-star cast of talented, dedicated, and accomplished legal professionals cares about your case. With over 20 years of experience, we will do our best to fight for your rights.
- Our Process. We have built collaboration into our process. Our legal professionals were selected to work at the firm due to their experience. They work together to build your case and help you reach your goals.
- Our Commitment. You need someone committed to fighting for your rights after an accident that places you in a vulnerable position. At Speaks Law Firm, our team works hard to provide our clients in Wilmington, NC, and the surrounding areas with sound legal service. We speak for you.
- Free Consultation. Our lines of communication are open. You can set up a free consultation if you need to discuss your personal injury case and find the right legal option for your situation.
The Federal Tort Claims Act
Despite sovereign immunity, the United States government has long recognized that injured citizens have a right to remedy, even if the injury was caused by an agent of the government itself. Throughout the years, Congress enacted several bills to limit sovereign immunity, but a tragedy in 1945 prompted the passage of the 1946 Federal Tort Claims Act (FTCA).
The tragic incident involved an army bomber crashing into the Empire State Building, killing and injuring multiple people. Many victims and their families were shocked to find they were not able to hold the government accountable for the accident. The issue became unavoidable, bringing it under close scrutiny. Since the passage of the FTCA, victims and family members have been able to sue the government.
Determining Federal Government Liability
The strength of a federal tort claim case depends on a variety of factors. However, even if the government is not the liable party, there could still be recourse against the federal employee.
There are several points to be aware of in a federal tort claim:
- Demonstration of fault (negligence): Failure to show a negligent act or omission can thwart a case.
- Intentional conduct may not apply: For example, if the employee commits an assault or battery, the employee may be liable instead of the government.
- Whether the action happened while the employee was on duty: The government might not be liable if the employee was on a break or was acting outside the course of regular duty. Here, the employee could be held liable instead of the government.
- Whether the government function is immune: Some government duties have exceptions where immunity is preserved.
- Differing state laws: Depending on the details of your case, different state laws may impact applicability or processes.
We can evaluate your case at no cost to you. Contact us today so we can determine your next steps.
Who is the Defendant in a Federal Tort Claim?
Even though an employee’s act (or omission) caused the injury, the government may be the defendant.
There are exceptions when the employee may be directly liable, especially if their actions violate the United States Constitution. Our experienced federal tort claims lawyers can assess the facts in your case.
How to File a Federal Tort Claim
The first step is to file a claim with the appropriate federal agencies. Filing this claim requires detailed documentation, with which a tort claims attorney can assist you. After a designated waiting period, your claim will be either granted or denied.
A claim denial is not the end of the road, however. In cases like these, the next step involves filing suit against the United States.
As you can imagine, going head-to-head against the U.S. government is no easy feat. The team of federal tort lawyers at Speaks Law Firm has a successful track record in federal torts claims.
At no cost to you, contact us today to schedule a free case review with our legal team in Wilmington, NC. We are the voice that speaks for you.
For more information about how we can help you avoid costly mistakes after an Auto Accident Injury in North Carolina contact us by filling out the “How can we help you?” form at the top of this page.
I was hurt in a car accident in Wilmington, North Carolina. My medical bills are outrageously high. The driver who caused the accident has the minimum insurance limits ($30,000.00) that are required by law. The adjuster has offered to pay the policy limits ($30,000.00). Should I get an attorney? What should I do?
State law requires each vehicle owner to carry at least $30,000.00 of liability insurance coverage. You can purchase more. Many people carry at least $100,000 in liability coverage per person and $300,000 per occurrence.
The liability insurance policy for the vehicle of the responsible driver is required to pay for the medical and other expenses of those who were not at fault. The policy will pay up to the limits of the policy. In other words, where there is $30,000.00 (or $60,000.00) of liability coverage, the insurance company could be required to pay that entire amount, but no more.
Where the damages are greater than the limits of the insurance policy, the injured person must look for other sources of recovery. These are some of the questions your lawyer will ask in order to comprehensively address this complex issue:
- Does the responsible driver have a different liability policy that you could access?
- Was the responsible driver working for his employer at the time of the accident?
- Does the responsible driver have an umbrella insurance policy?
- Does the injured person have underinsured motorist coverage?
- Does the responsible driver have assets that could be seized and sold in order to pay some or all of the judgment beyond the limits of the insurance policy?*
* This particular analysis can be complicated. Before you reject the insurance companies offer to settle the case for the policy limits and proceed with a lawsuit, you must think clearly and carefully. If you were seriously injured by the negligence of another person, you are probably angry. Who could blame you? I would be. Of course, you want the person responsible for the accident to pay for the damage they caused. In fact, the law requires it.
However, ifthe negilgent driver does not have the assets to pay for damages beyond the limits of the insurance policy, you will be wasting valuable time and money. You may want to perform an asset search in order to determine whether this is a viable option. The process of securing and enforcing a judgment can be expensive. If the responsible person does not have sufficient assets, then you will have wasted time and money for no reason.
Where damages exceed insurance coverage you need an experienced personal injury lawyer more than ever. A good lawyer may be able to find additional sources or recovery. He or she may be able to perform an informal asset search. From that he will be able to determine whether you should you accept the policy limits or fight for more.
Even if there is not enough money to pay all of the medical expenses from the available insurance policy, an experienced personal injury attorney can help. He may be able to negotiate down the amount of the outstanding medical bills. He may be able to use financial leverage and statutory laws to get your bills paid and still put a substantial amount of money in your pocket. Call or contact us now to find out how we can help you maximize your recovery in your auto accident and injury case.