Filing an FTCA claim is complicated, and its success depends on many factors. Unlike most other tort claims, you are not entitled to have your claim heard by a jury.
Instead, a Federal Judge hears the case and makes a decision about the government’s responsibility, if any, and what it owes you as a result. You can increase your chances of getting justice by selecting an experienced FTCA law firm with federal court experience.
An effective lawyer who sues the United States can help you with claims against, government employees, including employees, government agencies like the V.A., the Department of Defense, and U.S. Post Office, federal hospitals, and other federal government entities.
If you were personally injured by a government employee, the FTCA can help you recover the money you need to move forward with life.
Our office is conveniently located in Tampa, Florida; however, we serve clients throughout the state, including in the following cities:
Filing a personal injury claim under the FTCA in Florida requires a few elements. You must prove that the United States employee was negligent and that you were injured or damaged as a result of the negligence.
Proving negligence in an FTCA case follows the same general principles as any negligence lawsuit. Some examples of negligence claims against the government may include, but are not limited to:
There is a “statute of limitations” or deadline by which you must file your FTCA lawsuit; otherwise, you may forfeit your ability to recover any compensation.
The statute of limitations in FTCA cases is two years from the injury or death that occurred. It’s important to work with an experienced FTCA lawyer as soon as possible after an accident because this time limitation will run out quickly.
Federal Tort Claims Act cases are somewhat different than ordinary personal injury lawsuits. You must first complete an FTCA form or Standard Form 95 to submit your claim. This form will provide all personal information and details about the accident to the federal agency against which you wish to file a claim.
That information will include money damages in a specific “sum certain” amount. You can never recover more than what is claimed in the initial form 95 – which is why you should have an experienced FTCA lawyer to complete and submit the Form 95 to the responsible and correct federal agency responsible for the claim.
Without this amount claimed for the personal injury, wrongful death, or lost/damaged property, the claim is not considered valid.
Mistakes on the FTCA forms and litigation documents can result in a delay in your case or its outright loss. That’s why it’s best to work closely with an FTCA attorney who knows how to navigate federal tort claims like yours.
In general, you can get similar damages in FTCA cases that you can get in other Florida personal injury cases. That includes economic damages and non-economic damages. Unlike other tort claims, however, a Federal Judge – not a jury – determines the amount of the verdict.
Economic damages are those that are directly linked to out-of-pocket expenses with clear documentation. They include medical bills, lost wage, property damage, and rehabilitation costs, among other items.
Non-economic damages are recoverable for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life. However, in Florida FTCA cases non-economic damages are limited.
Recovering money from the federal government can be difficult, even if there is clear liability. However, you shouldn’t shoulder the burden of an accident when someone else causes it.
At WMW, our Tampa Federal Tort Claims Act lawyers know how to use the FTCA to build a case that supports your claims and gets you the most compensation possible. Our attorneys will stand beside you and help you return to a normal life.
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