Filing a personal injury claim against a government employee can be more complex than filing one against an individual or business entity. However, it is not impossible and there are certain steps you should follow to ensure your claim is properly filed and processed.
Firstly, it’s important to understand that government employees are generally protected by what’s known as “sovereign immunity.” This legal principle often shields government agencies and their employees from being sued. However, under the Federal Tort Claims Act (FTCA), the US government has waived its sovereign immunity for certain types of cases, including some personal injury claims.
To file a personal injury claim against a federal employee, you must first establish that the employee was acting within the scope of their employment when the incident occurred. For example, if you were hit by a mail truck driven by a postal worker on duty, then they would likely be considered as acting within their job duties.
Once this has been established, you need to gather all necessary evidence related to your case. This includes medical records documenting your injuries and any costs associated with them; photographs or videos of where the accident took place; witness testimonies; police reports if available; etc. It may also be beneficial to consult with an attorney who specializes in personal injury claims against government entities at this stage.
Next step involves filing an administrative claim with the appropriate federal agency before pursuing litigation in court. The FTCA requires that you submit this administrative claim within two years from when your cause of action accrued i.e., when you discovered or should have discovered both your injuries and that they were caused by a federal worker’s negligence.
The agency then has six months to respond to your claim. If it denies your request for compensation or fails to respond within six months, only then can you proceed with filing lawsuit in federal court.
Keep in mind though that suing the U.S Government comes with its own set of unique rules and procedures which differ significantly from those in a typical personal injury lawsuit against a private party. For instance, jury trials are not allowed and the case is heard by a judge instead.
In conclusion, while it’s possible to file a personal injury claim against a government employee, the process can be quite complex due to sovereign immunity and other legal protections for government entities. It’s crucial to understand your rights, gather all necessary evidence, follow specified procedures and timelines strictly, and consider seeking legal advice from an attorney experienced in this area of law.
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd #1690, Philadelphia, PA 19103
12155157747
