Federal Tort Claim Act

FEDERAL TORT CLAIM ACT

Attorney Greg Klote describes in this video the Federal Tort Claim Act.

This is Greg Klote here with Mutrux Finney, P.C. and today we’re going to talk about the Federal Tort Claim Act.

Now, typically the government cannot be sued whenever they’ve committed a TORT, or any of their employees have committed a TORT. The only time they can be sued though, is when the government says they can be sued. And luckily for victims of TORTS, the government has created the Federal Tort Claim Act which says that victims of TORTS can sue the government for the negligence of their employees.

How this works is, it’s different from a typical case. First you have a two-year limitation from the date of the incident, from when you have to file an administrative claim with the agency that was at fault. In this claim you must include your damages, and the amount of money that you want to claim. Now, the agency then after that point has 6 months to respond. After that 6 months they will either agree to your claim, deny it in part, or deny it in full. After you receive this letter you then have 6 months from that point to determine if they’ve rejected all or part of your claim to then either file a lawsuit or dismiss your claim at that point.

So remember when you’re dealing with federal employees, whether its the post office or the military, and you’re a victim to a TORT of theirs through the negligence of their employees, to remember that there are a different set of rules that you have to follow to be able to bring an injury claim under this. Thank you.

 

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