Federal Tort Claims Act Litigation
If you have been injured by the actions of a federal government employee, on federal property, at a Veterans Administration Hospital, by the actions of a doctor at a federally funded clinic or by a federally funded medical professional practicing at a regular medical clinic or hospital, a complex series of laws known as the Federal Tort Claims Act may apply. The Federal Tort Claims Act of 1946 is a complex regulatory scheme that applies to claims and lawsuits brought against the United States Government. The Federal Tort Claims Act is an exception to the common law rule that the government or “crown” has sovereign immunity and cannot be sued.
The Federal Tort Claims Act contains specific notice and administrative review periods and other provisions regarding the jurisdiction and trial of these cases. If you fail to comply with the terms of the Federal Tort Claims Act, or provide proper notice to the appropriate parties, your claim can be barred.
Attorney for a Federal Tort Claim in Chicago, IL
If you have been injured by the acts of a federal employee, VA Hospital or a federally funded clinic, Susan E. Loggans & Associates may be able to help. For over 35 years, our Federal Tort Claims Act attorneys have worked tirelessly to obtain maximum compensation for wrongfully caused injuries. The Federal Tort Claims Act limits the time you have to file an administrative claim.
If you have been injured, contact Susan E. Loggans & Associates at (302) 201-8600 or click here, for a free consultation.
Making a Claim under the FTCA
In order to have a valid tort claim against a federal employee, the victim must be able to show four elements by clear and convincing evidence. The elements include the following:
- that the claimant was injured by or his or her property was damaged by a federal employee;
- that the employee was acting within the scope of his or her official duties;
- that the employee was acting negligently or wrongfully; and
- that the employee's wrongful or negligent act proximately caused the victim's injuries.
A claimant must file his or her claim for damages against a federal employee with the U.S. House of Representatives.
Understanding Sum Certain
In the U.S. legal system the term “sum certain” is the predetermined amount of a settlement in an action for damages. A sum certain is a fixed amount, which means that it is generally not subject to change. Essentially, a sum certain is an agreed upon amount.
In the context of the FTCA, it is the amount in damages that the victim claims he or she is owed. When filing a claim for damages against the federal government, the victim must fill out a sum certain portion. If an individual does not assert an amount of damages in the sum certain column, the claim will not be processed.
It is important that you consult with an experienced personal injury attorney when determining a sum certain amount because according to 28 U.S.C. 2675(b), a tort claim cannot be brought for an amount in excess of that which was presented to the agency. Thus, the amount on the claim form is the maximum amount that a claimant may receive in a tort lawsuit.
Find a Lawyer for a Claim under FTCA in Cook County, IL
If you or someone you know has been injured by a federal employee, contact the experienced lawyers at Susan E. Loggans & Associates. Attorney Susan E. Loggans has been fighting for the rights of individuals injured due to another person's negligent or wrongful acts for years.
She will zealously pursue a fair and just settlment or fight for the rights of her clients in trial. She is well versed in the law and works with some of the best medical experts in Chicago.
Call Susan E. Loggans & Associates at (302) 201-8600 now or schedule a no obligations consultation with our office.
This article was last updated on Monday, December 11, 2017.