FTCA (Federal Tort Claims Act) Attorneys

Types of FTCA Cases

Federal Tort Claims Act cases can involve several areas of personal injury law. The Act applies when someone is injured in one of the following ways:

• Military Base Hospitals Medical Malpractice. Patients harmed by negligence or error while receiving medical care on base or at a military medical facility are eligible to file a medical malpractice claim under the FTCA.
• Veterans Affairs (VA) Malpractice. Those who received poor care that led to serious injury or illness at a VA medical facility may file an FTCA claim for medical malpractice.
• Military Truck or Vehicular Wreck. Injuries sustained as the result of a collision with a vehicle owned by the U.S. government are covered by the act as well. This includes military vehicles, postal trucks, and other government-owned vehicles operated by an employee or agent of the U.S. Government while in the course of their employment.
• Medical Malpractice at a Federally Funded Clinic. There are thousands of clinics across the nation that receive funding from the U.S. Department of Health and Human Services. Medical malpractice claims that arise out of the negligence of a provider at such a clinic who is deemed an employee of the federal government are subject to an FTCA claim.
• Premises Liability on Federal Property. Depending on the circumstances, persons injured on federal government property (e.g., a federal courthouse, office building, or post office) due to the negligence of a government employee may be able to recover damages under the FTCA.
• Injury Caused by a Federal Government Agency or Entity. If you are injured by an employee of an agency of the federal government or another such entity (e.g., FBI, NTSB) in the scope of employment, you can file a federal tort claim.
• Vehicle Accident Involving Federal Employee. If you are injured by a vehicle driven by an employee of the government, you can file a claim under the FTCA.
• Personal Injury by Federal Employee. Any other type of unintentional injury not otherwise mentioned above but caused by the negligence of a U. S. government employee would also fall under the umbrella of the FTCA.

Federal Tort Claims Act Settlements

Under the FTCA, federal agencies have administrative settlement authority. They can offer restitution for losses related to negligent actions/inactions of the agency or an agency employee.

When the liability of the federal government is clear, a federal tort claims act settlement is a more advantageous strategy for both parties. A settlement spares the plaintiff and his or her family from the emotional and physical strain of a trial. It is also preferable for the government agency to negotiate a settlement and retain some level of control, rather than to go to trial and allow a judge to make the decision.

A full and fair FTCA settlement will only be approved if a plaintiff can present strong and comprehensive evidence that both establishes the agency’s liability and documents injuries. Therefore, an effective FTCA litigation strategy is essential in order to get the outcome you desire. If an agency is not willing to offer a proper Federal Tort Claims Act settlement, you have the right to file a lawsuit.

Keep in mind that, pursuant to federal regulations, an individual may amend their FTCA claim at any point prior to reaching an administrative settlement or filing a lawsuit in federal court. If you have an additional claim after a settlement has already been reached, an experienced Federal Tort Claims Act attorney at Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham and Jacob, PLLC can help you take action to get all the financial compensation you deserve.

Federal Tort Claim Act Cap on Damages

Although the FTCA contains limitations on the types of damages that can be recovered, the law does not include a cap on how much can be awarded. That being said, many states do cap certain types of damages. Any relevant state cap on damages will also apply to an FTCA claim. As an example, if a state caps non-economic damages on a medical malpractice claim—as Texas does—then an FTCA claim for malpractice occurring at a healthcare facility is also subject to this cap.

Attorney Fees and Administrative Settlement

Under federal law, attorneys’ fees are strictly capped when an FTCA claim reaches an administrative settlement. Here are the most important things you need to know about Federal Tort Act Claims and attorneys’ fees:

• FTCA attorneys’ fees are capped at 20% of an administrative settlement; and
• FTCA attorneys’ fees are capped at 25% of a judgment or compromise settlement.

It is unlawful for an attorney or a law firm to collect fees beyond what is authorized by the statute. If you have any specific questions about attorneys’ fees or the administrative settlement process, please do not hesitate to reach out to our legal team for immediate assistance.

What is the Military Claims Act (MCA)?

Under the FTCA is a “foreign country” exclusion, which prevents military personnel from bringing claims for injuries that occurred at medical facilities outside of the United States. This applies even if the injury occurred at a U.S. military base in a foreign country. The exception was established in the U.S. Supreme Court case Sosa v. Alvarez-Machain.

However, the Military Claims Act (MCA) allows active-duty service members to recover damages from the federal government for injuries, wrongful death, medical malpractice or damage to their personal property that are caused by military personnel, so long as the injury was the result of non-combatant military activities. Unlike the FTCA, the MCA covers damages that occur anywhere in the world—including on foreign U.S. Military bases. Civilians who are injured overseas on military bases may also bring MCA claims.

In addition to MCA, the Camp Lejeuene Justice Act creates a path for military families to seek care for injuries caused as a result of government wrongdoing. Prior to the MCA, thousands of military members and their families were injured at Camp Lejeune Marine Corps base by contaminated water. As a result of new legislation, military families harmed at Camp Lejeune have a 2 year window to file a quasi-FTCA claim. Learn more about these claims here.

How Do I Present an FTCA Claim?

It is important to present a federal tort claim correctly, and you must do so within two years of the date the claim accrues.  The process is complex and a misstep may cause you to lose your ability to recover compensation for your losses.  In order to get your federal tort claim case started, follow these steps:

• Gather all relevant records related to your injury. This might include medical reports, names of witnesses if there was an accident, physicians consulted for a second opinion, medical bills, etc.
• Calculate your past economic losses. This includes what you have spent on medical care, equipment, lost wages, and out of pocket expenses related to your injury.
• Make a list of your injuries and limitations. It helps to understand a “before & after” picture.
• Complete FTCA tort claim form, Standard Form 95, with the help of an experienced FTCA attorney. An experienced attorney may want to hire experts to evaluate your case and to estimate your future medical needs.

If you are suffering from a catastrophic physical injury due to the carelessness of the United States government, you don’t have to suffer in silence.  Contact a federal tort attorney to find out if you are eligible to be compensated for your losses.

Case Results

FTCA cases are complicated. With deep experience representing victims and their families in complex federal litigation, our law firm has the resources and expertise to help you maximize your recovery. We have a well-documented record of successful settlements in cases against the government. Our experienced lawyers are ready to get started on your claim right away.

One example of a FTCA settlement that we were able to help a victim with involved an extremely tragic and serious birth injury. A patient at the General Leonard Wood Army Community Hospital in Fort Leonard Wood, Missouri was a victim of medical malpractice. The pregnant patient came to the hospital in labor and because of the negligence of the United States Government (in this case an employee of the government), her child sustained a permanent and lifelong injury.

During delivery, our client’s fetal monitoring alerted providers to multiple episodes of bradycardia that went ignored. Failure to properly interpret fetal monitoring and failure to properly resuscitate at birth caused irreparable personal injury: global brain damage. Because the injury occurred at a federal government hospital and the negligent or wrongful act or omission occurred within the scope of their employment, the individual provider does not bear liability. Instead, in accordance with the Federal Tort Claims Act, the U.S. Government authorized a limited waiver of sovereign immunity, and the injured individuals were able to seek damages.

Our experienced tort claims attorneys assisted with the preparation of the initial claim against the Army and were able to negotiate an administrative settlement for our client prior to going to trial. Our clients received $7.38 million dollars in lifetime benefits after court costs and attorneys’ fees.

You can see our national success on our case results page. Here are just a few of the cases we have won against the Army, Navy, Air Force, VA, and Postal Service:

FAQs

Damages for a Federal Tort Claims Act case are capped in accordance with the law of the place where the act occurred. So, if you are injured in a traffic accident with a government vehicle in Texas, any payments you might receive from a claim against the appropriate agency would be limited in accordance with the laws of the state of Texas.

The Federal Tort Claims Act was created to allow persons to obtain compensation when they are the victim of a tort committed by the government. This means the federal government waives its sovereign immunity and agrees to consider claims for personal injury or property damage caused by the negligent act or omission of an agent or employee of a federal agency acting within the scope of their employment.

The act does not cover intentional acts that cause injury except in certain cases concerning law enforcement officers. Active-duty military personnel are not eligible to file claims under this act but may seek relief under the Richard Stayskal Military Medical Accountability Act of 2019.

After a claim is filed, the government has six months to review the information set forth in Standard Form 95 and respond. The government can pay the claim as submitted, dispute the dollar amount, deny the claim, or fail to respond.

After six months, if the government has denied the claim, disputed the amount requested, or failed to respond, the plaintiff may file a lawsuit against the federal agency in United States District Court.

Contact Our Federal Tort Claims Act Attorneys Today

At Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, our FTCA lawyers are standing by, ready to protect your rights. We know how to obtain full settlements and verdicts for our clients. If you have any questions about FTCA litigation and settlements, we are here to help. 

Contact us today for a free, fully confidential case evaluation. With a main office in Austin, our attorneys provide nationwide representation in FTCA claims.