SPEAK TO A VIRGINIA FEDERAL TORT CLAIMS ACT LAWYER TO OBTAIN COMPENSATION!!
Clients in Virginia mostly assume that the U.S. government is immune to injury suits. If an individual is injured in any manner due to the negligent actions of federal officers, then a suit can be filed under the Federal Tort Claims Act. Your Virginia lawyer will tell you that any suit under the Virginia Tort Claims Act can be complicated. Filing your lawsuit under the Federal Tort Claims Act without a Virginia lawyer’s assistance can bring adverse consequences. Clients often ask their Virginia lawyer about when a case can be filed under the Federal Tort Claims Act. Your Virginia lawyer will explain that if you can prove negligence on the part of any government agency or any officer working with the government, then you can file a request under the Federal Tort Claims Act. The most common cases under the Federal Tort Claims Act arise from road accidents caused by federal officers.
How to Sue?
Lawsuits against federal officials are not something one would prefer to be involved in. However, when an officer causes you some kind of injury when he/she was performing his/her official functions, then your only choice is to file a tort action under this act.
Filing a suit against the U.S. government is not an easy process due to the concept of sovereign immunity. Your Virginia lawyer will inform you about the various legal requirements for filing a suit under the Federal Tort Claims Act. If your case involves a motor vehicle accident by a U.S. government officer or by a government agency, your Virginia lawyer will analyze your facts to find out if the vehicle of the U.S. government officer crashed into your vehicle and caused an injury.
Before filing tort claims under the Act, the victim should initiate a request for compensation by filing an administrative claim. It is essential to comply with this request before approaching the courts for a remedy. The reason for filing an administrative action is to inform the officers about your issue and allow them to resolve the problem before starting court proceedings.
On consulting a Virginia lawyer about your tort action under the Federal Act you will understand the limitation period for a suit against the government is different from the limitation period for filing tort claims against other individuals. All cases under the Federal Tort Claims Act are to be filed within 2 years of the injury. Timely filing of your action is important for you to win.
Examples of Claims
If you are someone who has never heard about the applicability of the Federal Tort Claims Act to file suits against the U.S. government, you should speak to a Virginia lawyer. Your Virginia lawyer will explain that if an accident occurs and an individual is injured due to the negligent driving of a U.S. employee, then a suit under the Federal Tort Claims law can be filed. Another common example of suits filed under the Federal Tort Claims Act is an action commenced due to medical malpractice suits by veterans, assert Virginia lawyers. Also, if any injury occurs to a newborn baby due to the carelessness of the medical professionals at a government hospital, compensation can be sought under the Federal Tort Claims Act.
If an individual suffers damage to the brain due to the lethargic attitude of the U.S. government employee, one can file tort action under the Act with the assistance of proficient Virginia lawyers. Other situations in which a case can be filed under the Federal Tort Claims Act include the commission of violence such as assault or battery by a U.S. enforcement officer on an innocent individual. In such cases, the officer responsible for such assault is someone from the FBI or the DEA.
What issues are to be proved in these Cases?
Your Virginia lawyer will elucidate that the primary issue in cases under the Federal Tort Claims Act is proving that the injury was caused solely due to the negligent acts of the officer. More importantly, the Virginia lawyer representing your action should establish that the said officer committed such act when he was performing the legal obligations required to be performed according to the scope of his employment. Another important element that your Virginia lawyer should prove is that the said government official acted negligently and it was this negligence that resulted in injury. Your Virginia lawyer will highlight that any person initiating tort claims under the Act should prove every element to win the case. You will be surprised when the Virginia lawyer warns you that not proving one of these issues, will result in the dismissal of your federal tort claim. Even cases of slip and fall can be filed under this law with a lawyer’s support if the injury occurred on federal property.
Retain an Attorney Skilled in Handling these Matters
Any case filed under the Federal Tort Claims Act will be complex. Proving the legal issues involved requires a Virginia lawyer. The decision to hire a lawyer for your case under the Federal Tort Claims Act requires proving extremely complicated issues. These cases require accurate analysis of the position of the law. It is essential to retain knowledgeable Virginia lawyers. You should understand that representing these lawsuits is not the same as representing in other cases involving family law statutes or criminal statutes. The Virginia lawyer you consult should have specialized knowledge in federal litigation to be able to provide you with adept assistance. The federal litigation process is completely different from the state litigation process. Hiring a Virginia lawyer who is aware of the filing procedures and the defense process can bring a beneficial outcome.
Failure to exhaust administrative remedies can affect your lawsuit adversely. An adept Virginia lawyer will be aware that these actions can be filed only against the United States Of America. Any other agency or employee is not made a party to the action.
Fix an appointment with our attorneys at The Law Offices Of SRIS, P.C. to get a favorable order.