In most states, an individual who is injured by an
employee's negligent acts can generally sue the employer, if
the negligent act was committed in the course of employment
duties. Until 1946, however, "governmental immunity"
prohibited individuals from suing the U.S. government for
injuries committed by federal government employees. This
changed with the enactment of the Federal Tort Claims Act
(FTCA) that year.
FTCA Claim Rights
The FTCA sets forth a procedure for recovery on claims
made for damages to property, loss of property, personal
injury, or death that are caused by the negligent conduct or
omission of a government employee acting within the scope of
her office or employment, if a similarly situated employer
would be liable under the local laws.
Filing an Administrative Claim
Prior to filing any lawsuit, an administrative claim must
be filed with the government agency that employs the person
causing the injury or damages (Internal Revenue Service,
Department of Justice, U.S. Navy, NASA, etc.).
Agency claims procedures vary, as do the required claim
forms (agencies may have their own forms), and the information
and documents that must be submitted. A claim must be
filed with the agency within two years of knowledge of the
negligence (or when the negligence should have been
discovered). Required information and documents may
include:
- A "sum certain," i.e., the specific dollar amount
claimed; a claim may be rejected for failure to specify an
exact dollar amount.
- Particulars about the incident (date, place, time,
explanation of events, etc.)
- List of witnesses, date of claim, and claimant's address
and signature
- Medical bills, written evaluations by physicians,
prognoses and possible future treatment for personal injury
claims
- Documentation of lost wages
- Death certificate for a decedent (for a wrongful death
claim), plus description of occupation, salary etc., bills
for funeral and burial, and evidence of support received by
the claimant from the decedent
- Proof of ownership, evidence of purchase, estimates for
repair costs and/or receipts for repairs already made, etc.
for property damage claims
Investigation and Evaluation of the Claim
Once the claim has been submitted, the agency has six
months to evaluate and investigate the claim. Procedures
for investigation vary among agencies and also vary with
respect to the amount of the claim. Larger claims
frequently require evaluation and review by senior
personnel.
The claim may be accepted or rejected (in whole or in
part) and a settlement offered, typically in writing. If
the claimant agrees to the settlement amount, he will be paid
through the agency.
If the claim is rejected, in whole or in part, or if the
claimant is dissatisfied with the result, he may either appeal
through the agency or immediately file suit in federal
court. A lawsuit must be initiated within six months of
the rejection, unless it has been appealed through the
agency. In other words, the six month time limit does
not run while an appeal is being considered. If the
agency does not respond within six months of submission, the
claim is deemed rejected and the claimant may immediately file
suit in federal court.
Failure to Comply with FTCA Procedure
The claimant may be barred from recovery, from both the
individual employee and the U.S. government, if he fails to
comply with the administrative claim procedure. If the
claim is not brought (and the lawsuit not filed) within the
FTCA time limits, the right to recovery may also be
lost. Furthermore, failure to pursue the administrative
claim can bar a later lawsuit.
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