Many Lawyers have never dealt with a federal tort claim.  Here are some basic steps that need to be taken, and how you, as a lawyer, or a novice, can negotiate this tricky area of law.

First what is covered by the Federal Tort Claim Act?  

Any actions of an employee of the federal government that cause you injury are actionable. Federal Statute 28 USC § 2674 provides that the federal government remains responsible for any actions caused by its employees in the course of their employment. A truck accident, caused by a mail delivery person is an example of a Federal claim.  A federal employee striking a bicycle rider while driving a car is another example.  Additionally, if the Federal Government caused an accident by not maintaining property, that can be cause for an action as well.

The Federal Claims statute requires that you make the Government aware of the claim within a certain time frame.  Unlike the State of California, with a 6 month notice requirement, the Federal agency responsible for the action or conduct has to be notified within 2 years of the injury and potential claim.

Additionally the Federal Government must also act on your claim before you can file suit.  The agency is given 6 months after you make your claim to consider and settle your claim.  If it does not respond in that time frame, you are entitled to proceed to litigation. See Federal Statute 28 USC § 2675.

Lastly, be aware that if you make a federal claim and then file a law suit, you are bound by the claims for damages made in the claim, unless new or different evidence or damages arises that was unexpected.  Therefore it is in your best interest to do a thorough claim.  If you have serious injuries, think about an attorney since the unwary may be prejudiced.

When you file a lawsuit, you must file it is Federal District Court.  State court has no jurisdiction for Federal Tort Claims.  Therefore, if you are a State practicing attorney, and you have no experience in Federal Court, please consider hiring a Federal Court attorney as the rules of evidence, discovery and prosecution of actions is much different, as any attorney experienced with both will tell you.  See Federal Section 28 USC 1346 (b) (1).

If you have been involved in an accident or incident with a federal employee or agency, don’t forget to make your claim first or you may find your case denied.  James Ballidis is the managing attorney for Allen, Flatt, Ballidis & Leslie in Newport Beach, CA.