The Federal Tort Claims Act (FTCA) is a law that allows injured parties to pursue a negligence claim against the United States government. Sovereign immunity shields the federal government from certain types of lawsuits, including criminal charges. However, you can still recover financial damages under the FTCA for specific circumstances.
In This Article
A personal injury lawyer serving Bernalillo, New Mexico addresses what types of cases you can file under the FTCA, how to initiate a claim, recoverable financial damages, and where you can get legal help.
Types of Cases You Can File Under the FTCA
The Federal Tort Claims Act was enacted by the United States Congress in 1946, codified at 28 U.S.C. 2674. It allows injured parties to bring certain tort lawsuits against the United States to recover monetary damages for personal injuries or property damage. Understanding how to leverage the FTCA to your advantage requires an attorney familiar with federal law and procedure.
Examples of claims you can file under the FTCA include:
- Example 1.Motor vehicle accidents with government vehicles
- Example 2.Slip or trip and fall accidents on government property
- Example 3.F.B.I. or D.E.A. assault and battery by an agent or officer
- Example 4.Wrongful death accidents caused by the government
- Example 5. Non-government employee injuries
If you think a federal employee was negligent and caused your injuries, contact a lawyer to discuss filing a claim against the government. A lawyer familiar with the FTCA will explain your rights and assist you throughout the process.
You can also review the text of 28 U.S.C. 2674 here.
How to File an FTCA Negligence Claim
You first file an administrative claim with the relevant government agency before filing a lawsuit under the FTCA. Every agency has unique, internal procedures for reviewing claims. As such, there are important considerations to make, as outlined below.
Standard Form 95
Many claims start by filing the Standard Form 95 with the agency. A legal deadline applies to your form submission, which could change according to your case’s facts. Do not miss any notification or filing deadlines since they can result in a denial.
You can download a blank PDF copy of the Standard Form 95 – Claim For Damage, Injury, or Death via the EPA.gov website here.
Avoid Form Mistakes
This form requires you to answer 19 questions about your claim. Legal mistakes on this form will negatively impact your case, such as a denial or reduced payout. For example, Boxes 12a. through 12d. require you to value the damages you suffered.
Estimating too high could result in a denial. On the other hand, estimating too low could mean that you are leaving money on the table. Avoid this mistake entirely by discussing your situation with a New Mexico personal injury attorney who has experience handling federal injury cases.
More Than One Agency Could Be Involved
Depending on the facts, more than one agency may be responsible for your injuries. Ensure that you thoroughly investigate the facts of your case to rule out additional possibilities. Otherwise, you could jeopardize the tort claims process.
Related Article: New Mexico Tort Claims Act: What Is a Tort Claim?
How Much Can You Claim Under the FTCA?
Damages, or financial compensation, for your injuries is what you recover under an FTCA claim. Although you must file your lawsuit against the government in federal court, state law governs the amount of damages you may recover. In New Mexico, an injured party may seek monetary and non-monetary damages.
Examples of damages that you can recover under the FTCA include:
- Current and future medical bills
- Lost work wages and benefits
- Physical pain and suffering
- Wrongful death damages (if you lost family)
The FTCA precludes you from claiming more damages in civil lawsuits than you did in their initial administrative filing. This is critical to understand before filing. The amount claimed may be increased only if the new damages are based on evidence that could not have been discovered reasonably when the administrative claim was filed.
No Punitive Damages Claims Permitted
It is also worth noting that you cannot file a claim for punitive damages under the FTCA. Punitive damages are meant to legally and financially “punish” the wrongdoer for acts of gross negligence for non-government civil matters. You commonly see punitive damages awarded in class and mass tort actions.
Related Article: What Are Punitive Damages?
Proving Your Claim Under the FTCA
You can file a damages claim against the federal government to prove that your injuries resulted from negligence. To do that, you need evidence that speaks to the following elements:
- Element 1. A federal employee injured you
- Element 2. They were acting within the course of their official responsibilities
- Element 3. Their actions were reckless or harmless
- Element 4. Their negligence caused your financial damages
If you do not have evidence that speaks to the above-referenced elements, you do not have valid proof to receive the damages you are claiming. Having the right attorney on your side is critical. We know how to spot the issues in your case and how to recover vital evidence.
Related Article: How to Prove Pain and Suffering After an Accident in New Mexico
Contact a Federal Tort Claims Act Attorney in New Mexico Today
Grano Law Offices, P.C. has experience pursuing claims against the federal government on behalf of personal injury victims. When you retain our services, we leverage our extensive experience to help you build a strategy that works to meet your objectives. Our Federal Tort Claims Act attorney serving Bernalillo will do everything possible to obtain the compensation you deserve.
Learn more about your legal options with a NO-COST, NO-OBLIGATION consultation. Call us (505) 426-8711 for a Free Case Evaluation now or message us via the contact form below. Grano Law Offices, P.C. doesn’t get paid until you win your FTCA claim.
