Claims Against the Government- Federal Tort Claims Act of 1946, 28 U.S.C. § 1346
If you or a loved one have been harmed or injured by a government employee or agent while on the job, you may have a claim against the Federal Government. The Federal Tort Claims Act (FTCA) allows individual or their family to pursue the government for recovery of damages for negligent acts such as medical negligence, vehicle accidents, negligence in Veterans healthcare treatment, federal law enforcement activities, or physical injuries within government facilities or on federal land, for example.
Federal Civil Rights Claims- “Bivens Action”
If the violation or harm involves a violation of Constitutional rights, the Federal offender may be personally sued under a “Bivens Action.” So if a prosecutor, federal agent, or other federal actor violates your First, Fourth, Fifth, Sixth, or Eighth Amendment rights, you may actually be able to sue for recovery on your damages. “Bivens” is essentially the vehicle for a civil rights claim against a Federal employee individually.
These cases involve complex procedure and first require initial administrative claims to be made with the appropriate federal agency before you may actually sue. The claims are typically made on a “Standard Form 95” claim form from the Department of Justice. After the filing of the claim, the relevant agency has six months to respond before you may file suit.
Military Member Claims
A court-created exception to the FTCA called the “Feres Doctrine” has traditionally served to prevent military servicemembers themselves from suing the Federal government, no matter how egregious or terrible the harm was to them. However, several recent court decisions have allowed even military members themselves to sue the Federal Government in certain circumstances that did not involve courts second-guessing military-specific decisions or affecting good order and discipline of the military. So, typically, if your claim or wrong is “incident” to the scope of military service, then suit may unfortunately and unjustly be barred. However, even military members themselves have potential options.
Military Family Member Claims
Despite the difficulty that may exist for active servicemembers to recover damages for harm to them personally, family members have no such bar. For instance, if, as an active duty servicemember, your child or other family member is negligently injured or harmed in a military hospital, you may bring a claim against the government for the entirety of your damages.
Former Marine ready to aggressively pursue your claim now
Federal Tort Claims typically have a statute of limitations of two years, regardless of the injury. Thus, the sooner you speak with an attorney, the better. Aaron Meyer is a former Marine who knows the systems and procedures that surround government systems.
Aaron Meyer Law can handle your case anywhere from assisting you with assembling and filing a Form 95 claim form or in a later lawsuit against the government agency involved. If you think you or a loved one have a claim against the government, do not hesitate to contact Aaron Meyer Law for a free and confidential sit-down consultation.