Step By Step Guide: How To Sue The Federal Government
HOW TO SUE THE FEDERAL GOVERNMENT: THE FEDERAL TORT CLAIMS ACT
Topics addressed in this interview include:
WAIVER OF SOVEREIGN IMMUNITY ELEMENTS OF CAUSE OF ACTION
There are six (6) conditions that must be satisfied in order to impose liability on the United States:
1. Claim must be for money damages;
2. Damage claim must be for injury or loss of property, or for personal injury or death;
3. Damage must have been caused by a negligent or wrongful act or omission;
4. Wrongful actor must have been a Federal employee;
5. Employee must have been acting within the scope of employment; and
6. Circumstances must be such that, if the United States were a private person, liability would be imposed under the law of the place where the wrongful act or omission occurred.
PROCEDURAL REQUIREMENTS
The Federal Tort Claims Act provides the procedural requirements that must be followed to bring a claim against the United States. Title 28 of the United States Code section 2675, entitled “Disposition by Federal agency as prerequisite; evidence,” states: (a) An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section… (b) Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the Federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the Federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.
ADMINISTRATIVE CLAIM PRE-REQUESITE SUM CERTAIN REQUIREMENT
STATUTE OF LIMITATIONS TO FILE LAWSUIT
EMPLOYMENT RELATIONSHIP
THE UNITED STATES AS THE DEFENDANT
LIMITATION OF CLAIMS
LIMITATION OF REMEDIES
ATTORNEY’S FEES STATUTES PERTINENT TO FEDERAL TORT CLAIMS ACT CASE
28 USC § 2402 – Jury Trial in Actions against United States
28 USC § 2671 – Definitions
28 USC § 2674 – Liability of United States – Basis for and damages
28 USC § 2675 – Filing of a claim – necessary prerequisite
28 USC § 2678 – Attorney Fee; Penalty
28 USC § 2680 – Exceptions
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About Justin Sterling, Esq.
Justin Sterling, Esq. is founder of The Sterling Firm, a full-service civil litigation and transactional law firm devoted to Business Law, Entertainment Law, and Personal Injury cases. The Sterling Firm is dedicated to helping clients obtain maximum compensation, achieve cost-effective legal solutions, and resolve legal conflicts efficiently. You can learn more about Justin at: www.TheSterlingFirm.com
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MP4 Video, 145 Page PDF Guide, & PDF Transcript