Federal Tort Claims Act Attorney
Federal Tort Claims
The Federal Tort Claims Act (FTCA) of 1946 is a complex series of regulations that applies to lawsuits brought against the United States Government. It provides an important exception to the common law rule that the government has sovereign immunity and can’t be sued.
The FTCA provides a legal means to compensate individuals who have suffered from personal injury, death, property loss or damage due to the negligence of a Federal government employee.
You may have a Federal Tort Claim if you or a loved one has been injured or killed due to the negligence of a Federal employee acting within the scope of their official duties.
Defendants in Federal Tort cases can include:
- An employee on Federal government property;
- A healthcare employee at a Federally funded clinic; or <l/i>
- A Federally funded medical professional
Chicago Federal Tort Claims Act Attorney
If you or a loved one are the victim of any type of medical malpractice in a Federal health care facility, such as a Veterans Administration (VA) hospital or a military hospital, you can file a claim under the FTCA.
Call (312) 201-8600 or visit our contact page to schedule your free, no-obligation consultation with our Federal Tort attorneys. We represent clients on a contingency fee basis – meaning you pay nothing unless you win.
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 approximately 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.
Frequently Asked Questions
What must I prove in order to win a Federal Tort case?
In order to have a valid tort claim against a Federal employee, the victim must be able to show four elements with clear and convincing evidence:
- The victim was injured or their property was damaged by a Federal government employee;
- The defendant was acting within the scope of their official duties;
- The defendant was acting negligently; and
- This negligent act caused the injury or damage in question.
A claimant must file their claim for damages against a Federal employee with the U.S. House of Representatives.
It should be noted that the Federal Tort Claims Act contains very specific notice and administrative review periods and other provisions regarding the jurisdiction and trial of these cases. If you fail to comply with its terms, or provide proper notice to the appropriate parties, your claim can be barred. For this reason, it is imperative that you speak with an experienced lawyer specializing in Federal Tort regulations prior to filing your claim.
Are there any exceptions to the Federal Tort Claims Act?
Most active duty military personnel can’t sue the Veterans Administration for medical malpractice; only military dependents and retirees are eligible. However, those who are eligible still must comply with the FTCA’s notice and administrative requirements in order to file a claim.
What is “Sum Certain”?
In the U.S. legal system, the term “sum certain” is the predetermined amount of a settlement in an action for damages. It is an agreed upon fixed amount, and is generally not subject to change.
In the context of Federal tort cases, it is the amount in damages that the victim claims they are owed. If the plaintiff does not clearly state this amount in their claim, the claim will not be processed.
If you or a loved one wishes to file a Federal tort claim, it’s important to consult with an experienced personal injury attorney when determining a sum certain amount. This amount represents the maximum amount you can receive, and can’t be changed at any point after filing the claim.
Chicago Federal Tort Claims Resources
Learn more about the Federal Tort Claims Act policies for healthcare centers and professionals.
View the full text of Illinois tort laws
Susan Loggans Law
Due to the highly specific provisions regarding the jurisdiction and trial of Federal Tort cases, it’s critical that your legal team is highly experienced in this area of the law. If you fail to comply with the terms of the Federal Tort Claims Act or provide proper notice to the appropriate parties, your claim will most certainly be barred – preventing you entirely from getting the justice you deserve.
If you have been injured by the acts of a Federal employee, or in a Veterans Hospital or Federally funded clinic, we will work aggressively on your behalf to secure your rightful compensation.
Susan E. Loggans has been both fiercely and compassionately fighting for the rights of individuals injured due to another’s negligence since 1977, and is personally involved in every case handled by our firm.
Contact our office immediately to discuss your options and lawful rights to compensation. Call (312) 201-8600 or visit our contact page to schedule a free, no-obligation consultation with our experts in Federal Tort law, who will provide a complete evaluation of your case.