A San Diego Tort Claim Attorney Answers Frequently Asked Federal Tort Claim QuestionsCan't I sue the federal government, the responsible federal agency, or the responsible federal employee without going through the federal tort claims process?Federal tort claims are the only mechanism for presenting the vast majority of tort claims against the federal government, federal agencies or federal employees where the federal employee's tort was committed in the course and scope of their federal employment. The Federal Tort Claims Act represents only a limited waiver of the federal government's sovereign immunity from state tort law causes of action, and as such, its procedures must be complied with to assert these claims. If you have any questions as to the applicability of the Federal Tort Claims Act to your particular set of circumstances, please contact the Law Offices of Jeffrey R. Frank at your earliest opportunity to schedule a free initial consultation with a
San Diego tort claim attorney.
What does it mean to say that a federal employee was acting "in the course and scope of their employment"?Federal tort claim procedures typically only apply where a federal employee was acting in the course and scope of their employment. For example, if a border patrol agent rear-ends your car on a weekend trip to the store that has nothing to do with their duties as a border patrol agent, you may typically sue them in state court like any other private citizen - however, if they were driving a border patrol vehicle while on duty, you would sue them through the federal tort claims process. Essentially, if the employee is on duty or acting on behalf of their federal agency in some authorized capacity (with many exceptions which would take pages to detail), they are acting "in the course and scope of their employment" and are therefore immune to suit outside the federal tort claims process. The question of course and scope of employment is a complex and changing one which requires the services of an experienced
San Diego tort claim attorney to properly determine.
Federal Tort Claims - What damages can I receive for my federal tort claim?Federal tort claim damages are controlled largely by the state law under which you bring the federal tort claim, with some limited exceptions (for example, federal tort claims do not typically permit attorney's fees, punitive damages or interest, and strictly limit the amount of costs for which the federal government may be held responsible).
Determining the proper measure of damages for a federal tort claim is a subject that should not be undertaken without the advice of an experienced
San Diego tort claim attorney.
