USPS Accidents & FTCA Claims

USPS Injury Accidents: Bringing Claims Under the FTCA

Personal injury lawsuits, including those arising from auto accidents caused by private motorists, are traditionally brought in civil court by victims who were injured by the negligence of others. When accidents are caused by federal employees like those who work for the U.S. Postal Service, however, victims are required to pursue claims pursuant to the Federal Tort Claims Act (FTCA).

FTCA claims are highly specialized matters that pit individuals against the federal government. They also introduce many unique considerations, rules, and procedures that affect how the claims process plays out. 

For example, FTCA claims filed over USPS accidents require plaintiffs to first navigate an administrative process before they can file a lawsuit. This process will generally work as follows:

• Administrative Tort Claim Filing: Victims must complete Standard Form 95, which is used to present claims against the federal government under the FTCA for losses caused by a federal employee’s negligence or wrongful act. This notice of claim must include factual details, evidence, and a sum certain for damages sought. It must also be presented to the federal agency whose employee caused the injury (i.e. the USPS) within two years of the accident (or from the date the claimant became aware of the injury and its cause).
• Agency Response: After the administrative claim is filed, the USPS has six months to review and settle or deny the claim. If the agency denies the claim or does not respond within six months, the claimant may proceed to file a lawsuit. During this phase, claimants and their attorneys can work to negotiate a fair sum certain total settlement. 
• Federal Lawsuit: Upon denial, the claimant has six months to file a lawsuit in federal court. Missing this window may forfeit the claimant's right to sue.

At National Trial Law, we have ample experience guiding clients through the unfamiliar procedures involved in filing claims under the FTCA, and with helping clients create the strongest possible cases. This includes gathering evidence, documentation, and expert testimony about the nature of our clients’ injuries and how they were caused by a federal government employee’s negligence, filing administrative claims using Standard Form 95, and negotiating or litigating for fair recoveries. 

Do I Have an FTCA Injury Claim Against the USPS?

You may have grounds to pursue an FTCA injury claim against the USPS if:

1. You (or a loved one) were involved in an accident (including a motorcycle accident, truck accident, pedestrian, truck, or bicycle accident) involving a USPS-owned vehicle or a USPS employee driving in the course of their employment. 
2. You suffered injuries because of the accident (or your loved one was killed).

It can be difficult to determine whether you have an FTCA claim, which is why it’s best to seek counsel of attorneys who have experience in this area. And because there are time limitations for filing administrative claims and notices under the FTCA, it is advised that you contact a lawyer for a consultation as soon as possible after your accident to preserve your ability to file a claim.

How Much Is My USPS Accident Case Worth?

FTCA claims give victims an opportunity to recover compensation for their damages, which may include: 

• Past and future medical expenses
• Past and future lost wages
• Pain and suffering
• Mental anguish
• Physical or mental impairment
• Other economic and non-economic losses

Compensation in FTCA cases works similarly to how it works in civil claims, but there are some unique differences. This includes the need to calculate and report damages in Standard Form 95 as the “sum certain” total, which is something our attorneys do for clients after carefully evaluating all their economic and non-economic losses. 

Additionally, attorneys’ fees are limited to no more than 20-25% of damages recovered in FTCA cases, which is typically less than the amount charged by plaintiffs’ lawyers who handle automobile accident claims against private drivers. Unlike cases against private individuals, punitive damages are not awarded in FTCA cases.

The FTCA in Action: Jackson v. USPS

The case of Jackson v. USPS is an example of how the FTCA can be used to pursue compensation against federal agencies responsible for personal injuries or wrongful death. The case, which arose from a fatal motorcycle accident caused by a USPS mail carrier in South Carolina, demonstrates how victims can prevail in these actions. 

As court records note, the case stems from a September 2002 crash involving Jerry D. Jackson, a man who was on a motorcycle trip to South Carolina with nine other motorcyclists. While the group was riding back home to North Carolina on U.S. Highway 701, a rural mail carrier employee, Carolyn Cole, entered the road and crashed into Mr. Jackson and the other motorcyclists.

Cole had been attempting to make a right turn onto the shoulder of Highway 701 when she saw and heard the group of motorcyclists coming toward her. As Cole decided whether she would be able to avoid hitting a mailbox that was just to the right of her vehicle, she began slowly moving backwards. Since she was on an incline, she pressed the accelerator to start moving forward and realized the motorcyclists were closer than before. As she decided to delay her right turn, her car jumped forward, and the accident occurred. Cole first hit two other riders before causing Mr. Jackson to swerve to avoid the mail truck, lose control of his motorcycle, and suffer fatal injuries. 

The plaintiff, Mr. Jackson’s surviving wife, sued the United States pursuant to the FTCA. Total damages amounted to more than $4 million and included losses that were supported by expert testimony. 

A Proven Record of Success in FTCA Cases

National Trial law has secured record recoveries and millions of dollars in compensation in personal injury, wrongful death, and military medical malpractice cases filed under the FTCA. This includes the largest FTCA verdict and settlement in history and the largest FTCA settlement in Missouri history, among many other record-setting results. 

Some examples of our results in military medical malpractice actions include:

• $230 million judgment secured for victims of the Sutherland Springs mass shooting. Our attorneys led the charge in litigating this case for victims and surviving family members, which resulted in the largest verdict and settlement in FTCA history. 
• $44.7 million verdict in an FTCA military medical malpractice case involving an infant who suffered a profound brain injury at birth due to pregnancy induced hypertension at the Sheppard Air Force Base Hospital.
• $32.6 million verdict for an infant who suffered brain damage at birth due to the improper use of forceps at the Darnall Army Community Hospital in Fort Hood, Texas.
• $21.5 million verdict for a client who suffered lasting damages, including “locked in syndrome,” after providers at the Manchester VA hospital failed to diagnose the cause of his stroke. This was the largest individual personal injury award in New Hampshire history against the Manchester VA system for medical malpractice.
• $10.5 million settlement against the VA for a Missouri veteran who was injured when VA providers caused and failed to treat renal failure. This is the largest FTCA settlement in Missouri history and one of the highest pre-trial FTCA settlements nationwide.

Call for a FREE Consultation: (833) 913-1885

FTCA lawsuits against the USPS are complex matters that few lawyers and law firms can effectively handle. At National Trial Law, we’ve built our reputation on handling these cases and have the insight and resources to guide victims step by step through the claims process.

If you have questions about filing a FTCA lawsuit over injuries caused by the USPS, we want to help. Call (833) 913-1885 or contact us online for a FREE consultation. We work with clients and colleagues nationwide.