Federal Tort Claims

San Diego Tort Claim Attorney
Federal Tort Claims Overview

Federal tort claims are the primary legal means by which the federal government and its agents and employees may be sued for violations of state tort laws, such as negligence. For instance, federal tort claims cover most situations in which a federal agency or employee is the responsible party in auto accidents, truck accidents, pedestrian accidents, bicycle accidents, motorcycle accidents, slip and fall and other premises liability accidents, medical malpractice, medical malpractice involving birth defects, and wrongful death claims. Almost any state tort action can be the subject of a federal tort claim.

Federal tort claims, technically speaking, are available under the Federal Tort Claims Act's limited waiver of the federal government's "sovereign immunity" when its employees are negligent or otherwise commit misconduct within the scope of their employment. However, under the Federal Tort Claims Act, the government is not liable when any of its agents commits certain intentional torts such as assault, battery, false imprisonment or false arrest except under certain exceptions (e.g. where a federal law enforcement officer commits an assault, battery, false imprisonment, false arrest or certain other intentional torts). Federal tort claims typically follow the law of the state in which the injury occurred for such issues as whether you have a negligence or other tort claim against the federal government agency or federal employee.

Federal tort claims are referred to as "claims" because, unlike most other tort cases, they begin by filing an administrative claim with the government rather than simply reporting the claim to an insurer or filing a lawsuit. In most instances, you cannot hold a federal government agency or employee responsible for a state tort without following this procedure. This is one reason why having an experienced San Diego tort claim attorney is vitally important to the success of your federal tort claim. Without legal counsel, it is practically impossible for a non-attorney to properly handle a federal tort claim given the difficulty of handling any personal injury claim and the complex interplay of state and federal laws that federal tort claims present.