One question that comes up on a frequent basis is … Can you sue the federal government? Yes, the Federal Tort Claims Act is a U.S. law that allows for lawsuits against the U.S.A in certain cases. Overall, the Act is a waiver of the immune status of the U.S.A. There are some cases where it remains immune. Under the Act, state law is applied as to the basics of the tort claim. The state law that is applied is the law where the injury occurred.
An excellent overview of the Federal Tort Claims Act can be found by going to the Congressional Research Service and keying in the report number “R45732”. A personal injury attorney can walk you through the process during an initial consultation. Contact a Tysons federal tort claims act lawyer.
Before Filing Federal Tort Claims
A prelude to the filing of a federal tort claims case is the filing of a claim with the agency involved. That claim form must state the amount claimed. This amount binds the plaintiff. That is, the plaintiff cannot get more than what is set forth in that claim absent newly discovered evidence and some other limited circumstances. The administrative exhaustion requirements are found in 28 U.S.C 2675. See also Estate of Van Emburgh v. USA, 95 F.4th 795 (4th Cir. 2024)
If the injury is to a minor and bills are paid by the parent, then there is a need to file two claim forms. One is for the parent and one for the child. Call or contact us for a free consult with a federal tort claims act lawyer in Tysons.
How Federal Tort Claims are Handled
These cases are tried without a jury in front of a U.S. District judge. The damages are decided by the judge. At least one Circuit Court has stated that awards under the Federal Tort Claims Act should be governed by the highest award for like cases in that state to the extent the case involves losses that are not out of pocket. There is no standard as far as the amount of out-of-pocket losses. Losses that are not out of pocket are such things as pain and suffering. Therefore, in looking at the value of federal tort claims cases, you and your Tysons attorney must look at the highest award for non-economic damages from any state courts in similar cases.
Feres
If the client is a member of the armed forces and is injured from activities incident to military service, then the Feres doctrine bars these claims.
Legislation has been enacted to limit Feres. It created a limited exception to the Feres Doctrine “for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider,” provided that the “act or omission constituting medical malpractice occurred in a covered military medical treatment facility.” The term “Department of Defense health care provider” means “a member of the uniformed services, civilian employee of the Department of Defense, or personal services contractor of the Department [of Defense] …” while a “covered military treatment facility” includes certain military medical treatment facilities maintained by the Secretary of Defense.
While this certainly chips away at some of the unfortunate consequences of the Feres Doctrine, at least insofar as medical malpractice claims are concerned, the plain terms of its text do not extend to claims against the US for personal injury or death incident to the service of a member of the uniformed services that either: (a) occurred in a medical treatment facility other than a “covered military treatment facility,” such as one maintained and operated by the Secretary of Veterans Affairs; or (b) was caused by the medical malpractice of a civilian employee of the Department of Veterans Affairs or a personal services contractor of the Department of Veterans Affairs.
Feres- May 2024 Change
In May of 2024, the Department of Defense (DOD) announced that it is finalizing an update to its medical malpractice claims practice for active-duty members. Previously, any compensation received from DOD or VA for the malpractice incident reduced the total claim payout. This included both non-economic damages and economic damages. The updated rule eliminates this offset for non-economic damages. Servicemembers are entitled to receive the full amount they’re entitled to as to non-economic damages.
No Intentional Torts
The Federal Tort Claims Act expressly excludes many of the so-called intentional torts such as assault, battery, false imprisonment, and several others. Investigative and law enforcement officers may be sued for intentional torts.
Many Factors to Review
In dealing with the U.S. on any type of federal torts claim case in Tysons, there are several things that you and your lawyer need to be aware of. Contact a Tysons Federal Tort Claims Act attorney to get a full analysis of your case.
Retain a Tysons Federal Tort Claims Act Attorney
If you have been injured by the fault of a U.S. employee, contact a Tysons federal tort claims act lawyer. Brien Roche has been serving the legal needs of Fairfax, Va., and Washington, D.C., area residents for over 45 years.
For more information about the Federal Tort Claims Act, see the pages on Wikipedia.