If a federal employee driving a government vehicle ran into yours and caused you significant injuries, you can seek compensation. Due to the Federal Tort Claims Act (or FTCA) you are permitted to file a claim against the federal government due to negligence of a employee who was working at the time. There are some procedures you need to follow to in order to be successful.
First Things First: Making a Claim
You will need to file a claim with the responsible federal agency or within two years of the accident or you will lose your right to make your claim or to file a lawsuit. You will need to fill out a form called a "Claim for Damage, Injury, or Death" or SF 95, and you can download this here.
You should file your claim promptly so that the chances of it being approved will be higher. However, the agency has six months to respond to your filing.
When you make the claim you will need to include a factual account of the accident and the exact amount of monetary damages you need to cover your losses. You can ask for:
- Out of pocket expenses
- Medical bills
- Lost wages
- An amount for pain and suffering
Proving Your Claim
To prove your claim, you may need to provide a statement from your physician. This should include:
- Information about the type and extent of the injury you incurred
- Your prognosis
- Whether your employment may be limited.
You will also need have copies of your medical expenses, copies of vehicle repair bills, and proof of lost income from your employer. You can use copies of tax returns and bank statements if you are self-employed.
Going to the Administrative Hearing
There will be a hearing before an administrative lawyer who could approve your claim. If they deny it, you can file a motion for reconsideration. It is possible that that your claim will be approved without further action, and you will be paid the amount you asked for, or you might be offered a portion of it.
If you haven't received a response within 6 months of filing your claim, you can choose to wait longer or file a lawsuit.
Filing A Lawsuit
You will need to file a lawsuit with the federal court in the district in which you live or where the accident occurred. If your claim has been rejected, you can also sue, but you only have six months after a ruling on your claim to do this. Unless you have evidence of new expenses, you can only ask for what you put on your original claim, and you can't ask for punitive damages against a government entity.
Legal Representation
An FTCA claim can be complicated, because you will have to deal with government lawyers, procedures, time limits, and federal court if your case goes to trial. It would be wise to consult with an accident attorney who is familiar with the process, and who would have a better idea what kind of future expenses you could expect as a result of your injuries.
