Tips For Pursuing Car Accident Claims Against The Federal Government

26 June 2023
 Categories: , Blog


Personal injury claims against the government follow different paths from those against other parties. Educate yourself on these differences if you have a claim against a government body. Otherwise, you jeopardize your chances of recovery. Below are some tips for claims against the government.

Act Fast

Personal injury law determines how long you must file a case after an injury or after noticing the injury. The deadlines ensure the injured party does not bring a case against someone when they can no longer get the needed evidence.

The statute of limitations defines how long you have to file a claim and varies by case, jurisdiction, and defendant. Claims against the government have shorter statutes of limitations than claims against private entities. Start your claim process as soon as possible so the statute of limitations doesn't expire.

Confirm you have an FTCA Case

Just because a federal government employee causes your injury doesn't mean the federal government should compensate your injuries. The Federal Tort Claims Act (FTCA), which handles claims against the government, defines the threshold for injury claims against the government.

For example, you must prove that:

  • The government employee was on the clock at the time of the accident
  • The employee was negligent
  • The employee's negligence caused your injury

Notably, the FTCA regulations exclude intentional tort claims. Therefore, a government employee who intentionally harms you can only compensate you via a private injury case against them. Evaluate your case carefully to determine whether to pursue your case against an individual or government.

File an Administrative Claim

You cannot go straight to court to pursue your damages against the government as you would with a private entity. You must start by filing an administrative claim with the government agency that caused your damages.

Say the U.S. Postal Service's car crashed into your car during delivery. You cannot go straight to the federal courts and file a lawsuit against the government agency. Rather, you must first file a notice of claim with the U.S. Postal Service.

The agency will review and rule on your case using the evidence it can gather. Once you receive the ruling, you decide whether to accept or file a lawsuit. If you decide to file a lawsuit, you do so at a federal court with jurisdiction over your case. The relevant court is the United States District Court where you live or where the accident occurred.

Hopefully, you will get the compensation you deserve within a reasonable timeline. Consult a personal injury lawyer to help you with the process.


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