Federal Tort Claims Act (FTCA) Lawyer in Tennessee

Injured by a Federal Employee or Government Agency?

If you were injured because of the negligence of a federal employee acting within the scope of their employment, pursuing compensation is different from filing a typical personal injury claim. The Federal Tort Claims Act (FTCA) provides a legal process through which eligible individuals may pursue certain claims against the United States for injuries, property damage, or wrongful death caused by federal employees.

These cases involve specific federal procedures, deadlines, and exceptions. At Witherington Injury Law, our team helps injured people understand their legal options and navigate complex injury claims. If you believe the federal government may be responsible for your injuries, speaking with an attorney early can help you understand the steps required to protect your rights.

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act is a federal law that provides a limited waiver of the United States government's sovereign immunity. In qualifying circumstances, it allows an injured person to pursue damages when a federal employee's negligent or wrongful conduct causes harm while the employee is acting within the scope of federal employment.

Potential FTCA claims may arise from incidents involving federal employees, federal vehicles, government facilities, or certain federally operated programs. However, not every injury connected to the federal government qualifies for an FTCA claim, and important exceptions can apply.

What Types of Injuries Can Lead to an FTCA Claim?

Depending on the circumstances, an FTCA case could involve:

• Motor vehicle accidents involving federal employees
• Accidents involving government-owned vehicles
• Unsafe conditions on certain federal properties
• Negligence by eligible federal employees
• Certain medical negligence claims involving federal healthcare providers
• Serious injuries or wrongful death caused by qualifying government negligence

Determining whether the FTCA applies requires examining who caused the injury, their employment status, what they were doing when the incident occurred, and other case-specific factors.

How Do You File a Federal Tort Claims Act Claim?

FTCA cases generally require claimants to exhaust the administrative claims process before filing a lawsuit in federal court. The injured person must first present a claim to the appropriate federal agency.

Generally, an administrative FTCA claim must be presented in writing to the appropriate agency within two years after the claim accrues. If the agency issues a final written denial, a lawsuit generally must be filed within six months of the mailing of that denial.

Because missing an applicable deadline can jeopardize your ability to pursue compensation, it is important to seek legal guidance as soon as possible.

What Compensation May Be Available in an FTCA Case?

Depending on the facts and applicable law, compensation may potentially address losses such as medical expenses, lost income, diminished earning capacity, pain and suffering, and other qualifying damages.

The amount and types of damages available depend on the individual case and the laws governing the underlying claim.

How Can Witherington Injury Law Help with an FTCA Claim?

Federal injury cases can present procedural challenges that are not part of an ordinary insurance claim. Witherington Injury Law can evaluate the circumstances surrounding an injury, identify potentially responsible parties, gather evidence, assess damages, and help clients understand the federal administrative claims process.

With more than 20 years of experience helping injured people, founding attorney Patrick D. Witherington and the firm provide hands-on legal guidance focused on helping clients understand their options and pursue appropriate compensation.

If you were injured and believe a federal employee or agency may be responsible, contact Witherington Injury Law to schedule a free initial consultation and learn whether you may have an FTCA claim.