Generally speaking, the federal government and its employees have sovereign immunity from personal injury claims brought against it or its employees. However, the Federal Tort Claims Act (FTCA) provides a limited waiver of the federal government’s sovereign immunity when its employees are negligent within the scope of their employment. Under the FTCA, the government can be sued under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. Thus, the FTCA does not apply to conduct that is uniquely governmental, that is, incapable of being performed by a private individual.
However, the FTCA provides that the government is not liable when any of its agents commits the specific torts of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. However, it also provides an exception to this exception. The government is liable if a law enforcement officer commits assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution (but not if the claim against the law enforcement officer is for libel, slander, misrepresentation, deceit, or interference with contract).
The FTCA prescribes numerous procedures for filing a claim against the federal government. If these procedures are not strictly followed, your claim may be rejected, denied, or delayed. The attorneys at The Babich Law Firm are familiar with the FTCA and will take the necessary steps to protect and preserve your claim so that this does not occur. The attorneys at Babich Law will also begin investigating your claim immediately in order to determine whether you are eligible to receive compensation from the federal government for your injuries. If you are eligible to receive compensation, Babich Law attorneys will begin collecting the necessary evidence in order to pursue your claim.
Call us today for a free consultation so that we may answer any question you have concerning your rights against the federal government.