The Federal Tort Claims Act (FTCA) and Military Claims Act (MCA) allows lawsuits to be filed against the federal government for injury occurring on federal governmental property or due to the negligence of a federal employee working in the scope of his or her employment. The feres doctrine prohibited such claims, but the FTCA and MCA allow limited exceptions like these.
Injury claims against any government agency involve special rules and limitations. Talk to an attorney before you miss any special deadlines!
What does the FTCA and MCA do?
The FTCA and MCA allows you to sue for personal injury caused by or on governmental property and its employees. However, recovery is more limited than state law claims. Federal law governs the procedure for FTCA lawsuits, but state law controls the substantive law, how a state will treat certain rights, duties, or obligations in the state where the injury occurred.
Car Accidents Caused by Federal Employees
If you are injured in a car accident caused by a federal employee during the scope of his or her job, the federal government may be sued under the FTCA. For example, if you are rear-ended by a U.S. Army truck, the federal government may be on the hook for your damages.
Premises Liability (Slip and Fall) Claims
Injury occurring on federal property caused by the negligence or neglect of the government, its tenants, or its employees can make the government responsible for the injury.
This does not mean that the plaintiff, the legal term for the injured party, does not need to prove that the government acted negligently and that because of that negligence he was injured. The of any other premises liability case remain intact. Again, under the FTCA and MCA, the government limits how much you can recover, so it is best to get an attorney to help you with your claim.
Time Limit to Sue
The statute of limitations for bringing a premises liability claim against the federal government is two years. This means that failing to file a lawsuit within this timeframe could lead to your case being dismissed.
Before a Lawsuit Can Be Filed
Prior to filing a lawsuit, a party must submit a claim to the agency directly in control of the employee or premises. Only after such claim is denied may the injured party then proceed to court. FTCA and MCA lawsuits are filed and presided over by federal court.
FTCA and MCA claims against the federal government are complex. If you have been injured while on government property seek legal assistance with your lawsuit. Contact Balkcom Law Firm for assistance!
