Suing A Federal Employer For Workplace Discrimination
There are several laws, enforced by the Equal Employment Opportunity Commission that protect federal employees against workplace discrimination and harassment.
These laws include Title VII of the Civil Rights Act of 1964, the Equal Pay Act, and the Age Discrimination in Employment Act, among others. Title VII is perhaps the most expansive, prohibiting discrimination on the basis of race, color, religion, national origin, or sex.
Federal employees protected by these laws must go through a different complaint process compared to private sector employees.
First, federal employees must speak with the equal employment opportunity counselor at the agency where the employee works. Most employees know this department as their EEO office, although some agencies do use varying acronyms, such as the Office of Resolution Management at the Department of Veterans Affairs.
Before filing a formal complaint, the employee must participate in either counseling or in alternative dispute resolution , usually mediation. If the employee cant reach a resolution, they may then file a formal complaint with their federal agency.
Unless the agency dismisses the complaint, they will then investigate the claims of discrimination and issue a Report of Investigation , along with a notice of right to request a hearing before an administrative judge of the EEOC or a final agency decision.
Property Damage By Federal Employees
Negligence of federal government personnel can also damage property. If a U.S. Postal Service truck collides with other vehicles in an accident, the owners of those vehicles can sue the government for property damage. If federal park rangers setting controlled burn fires lose control of them and homes are destroyed, the homeowners may seek restitution from the federal government for the damage to the homes and their contents. These are just two examples of cases in which the U.S. government may be liable for property damage under the Federal Tort Claims Act .
Tort Attorneys With Proven Experience
Our federal tort attorneys have a strong record of success in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act medical malpractice judgments in United States history.
Dickerson v. U.S., an FTCA medical malpractice birth injury case resulted in a $44.71 million trial judgment, reduced to $20 million after appeal, in which our clients received $15.75 million after attorneys fees and case expenses. Lebron v. U.S., another FTCA medical malpractice birth injury case resulted in a $32.67 million trial judgment, reduced to $23.25 million after appeal, in which our clients received $18.96 million after attorneys fees and case expenses.
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Can You Sue The Government For Accidents Caused By County City Or Town Agency
The rules for suing municipalities in Arizona is similar to the state requirements of filing a claim within 180 days after the accident. However, each county, city, or town may also have their own rules which will need to be followed. A Phoenix personal injury attorney will know what those rules are.
Settling Your Ftca Claim
You have two opportunities to settle your claim with the federal government. First, during the administrative claim process , you’ll have a chance to negotiate an out-of-court settlement with the government attorney assigned to your case.
Then, if you file a lawsuit in federal court, you’ll have a second chance to negotiate with a new team of attorneys from the U.S. Department of Justice.
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Suing The Federal Government For Constitutional Violations: Explained
The doctrine of sovereign immunity doesnt allow one to sue a government entity without its consent. Thus, it is more complicated to file a lawsuit against a federal government agency for damages than suing a private individual or business entity.
Nonetheless, suing the federal government for constitutional violations is still possible. In this article, we will explore legal grounds for suing the local and federal government, the procedures for suing, and how DoNotPay simplifies the process.
Defending And Prosecuting Cases In Court And Before Regulators
The litigation team at Douglas & Boykin PLLC understands that litigation involving government agencies has little in common with litigation between private parties. A lawsuit against a government body involves policy issues, sovereign immunity defenses, and, for government contractors, a fear that asserting your rights in this case could cost you contracts in the future. Douglas & Boykin has decades of experience in litigating complex disputes for and against federal, state, and municipal agencies in trial and appellate courts and before regulatory authorities.
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Finding The Right Attorney To Sue The Federal Government
If you feel intimated going up against the federal government over a legal issue, you are not alone. At Greaney Scudder Law Firm in Kent, Washington, we represent individuals wronged by various entities and agencies. You have rights, including the right to hold your government accountable for negligence.
If you file a federal tort claim or lawsuit against the federal government, it makes sense to have a seasoned attorney on your side who has knowledge of the complicated process and the Federal Tort Claims Act . Contact us at or toll free at .
Can A Lawyer File A Sf95 Notice Of Claim For Me
Yes. SF95 forms have a field to identify the legal representative filing your claim. Because there are specific procedural steps to be taken, an attorney familiar with the FTCA can help ensure your paperwork is processed correctly. Attorneys can help claimants with aspects such as:
Time deadlines: Notice of Claims often must be filed within two years of the injury . Utilizing the services of an attorney can help ensure your claim is filed in a timely manner to preserve your rights. Once your claim is submitted, the federal government has six months to make a decision on your claim.
Once the government rules on your notice of claims, you have six months to file a lawsuit if you are not awarded the full amount of money you asked for. Consult with a DC personal injury lawyer to determine which deadline applies to your injury case.
Supporting documents: Notice of Claims usually must include supporting documents for their injuries and/or property damage. Attorneys can assist in collecting documentation recording the extent of the injury, hospitalization, treatment, the degree of any disabilities. In wrongful death cases, you may need to include invoices for burial expenses.
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Attorneys For Suing The Us Government
If you have been injured by a U.S. Government employee, the Federal Tort Claims Act is your only recourse. It is usually better if you work with a law firm to present your administrative claim because there are many details of the law that a non-lawyer may not be aware of in presenting an administrative claim. You can lose valuable time or unknowingly make mistakes that limit your recovery. Your safest bet is to consult with a law firm experienced in handling FTCA cases and work with them to present the best administrative claim possible. Dont delay because the more time your law firm has to review the file and prepare your claim before the statute of limitations expires, the better.
Everyone wants to know how to sue the government and win. There is no simple formula for victory. When it comes to suing the federal government, the best strategy is to gather as much information as possible and work with the most experienced, knowledgeable attorneys you can find. The lawyers at Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC have decades of experience filing FTCA claims, negotiating with federal attorneys, and trying cases in federal court. Call us today for a complimentary consultation.
Contact Our Attorneys
It is extremely time-consuming and expensive to pursue a complex military case, but our firm can skillfully guide you through the litigation process. Contact our attorneys today to schedule a consultation.
The South Carolina Tort Claims Act
While claimants may file a case against the United States, a cause of action stemming from negligence of the state of South Carolina, and/or an entity of the state may also be a legal claim. Victims who sustained injuries or incurred a loss on state property due to the states negligence or failure to provide a duty of care may be able to prove a personal injury claim. The South Carolina Tort Claims Act, passed in 1986, holds government officials and employees accountable for their negligent actions in situations where a person is injured.
It is important to note that there is a cap on most damageslimiting the maximum damages to $300,000 per person for acts that stem from a single incident. The maximum total amount that can be recovered from a single incident is $600,000regardless of the number of parties involved.
The state tort claims act has a number of limitations. If, for instance, you are injured during the course of interaction with a governmental entity, then you cannot sue under any other law except the tort claims act.
For claims under the South Carolina Tort Claims Act, there is a two-year statute of limitations. The law, however, allows for a three-year statute of limitations for a person filing a verified claim under the law. Once you file a claim with the agency that caused your injury, the agency has 180 days from the date of your filing to pay or deny the claim.
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Can I Sue The United States Government
Legal Assistant Personal Injury Law
Maybe you had a slip and fall incident at the local post office, and you ended up with a fractured ankle. Perhaps an FBI agent swerved past you on the freeway, causing you to lose control of your vehicle and ram into other cars. The point is a federal agency or employee was responsible for your injury.
Naturally, the question on your mind would be Can I sue the United States government? If so, how do I go about it? Heres everything you need to know.
How The Administrative Claim Process Works
You must file your claim within two years. You have two years from the date you were injured or your property was damaged to file your administrative claim. If you wait too long your claim will be rejected as untimely and you won’t be able to file a lawsuit in federal court for money damages.
Include facts and all damages in your claim. Your administrative claim must include the exact amount of money you are asking for and enough facts about your case to allow the federal agency to investigate your claim. The SF 95 will walk you through the information you have to provide. Don’t lowball your claim. You won’t be able to ask for more money in your lawsuit than you asked for in your claim without new evidence .
The agency has six months to respond to your claim. The federal agency has six months to rule on your claim. In some cases, the federal agency might “admit” your claim and offer to pay you some or all of the money damages you requested. Or, the agency might deny your claim or offer you less than what you think your claim is worth.
You then have six months to file a lawsuit. After the federal agency rules on your claim, you have six months from the date on which the decision is mailed to you to file a lawsuit. Again, don’t delay. File your lawsuit as soon as possible after receiving the agency’s decision to avoid having your lawsuit dismissed as untimely.
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Is My Claim Permitted By The Ftca
In general, the FTCA is intended to provide monetary compensation for injury, property loss, or death caused by the negligent or wrongful act or omission of any employee of the Government. But this broad-sounding mandate is subject to a lot of fine print.
Although the limitations and exceptions are too numerous to review in this article, here are some general guidelines regarding the limitations on FTCA claims:
- Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government .
- The negligent or wrongful conduct must have been done within the scope of the defendants employment.
- In general, only claims of negligence as opposed to intentional misconduct are allowed .
- The claim must be based on and permitted by the law of the state in which the misconduct occurred.
Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. So if you think you may have a valid claim, it may be worth pursuing.
If you determine that you do have a valid FTCA claim, the next hurdle is to follow the prescribed steps for such claims, which include some strict time limits.
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What Is The Illinois Court Of Claims Act
If youre an Illinois resident and youre looking to sue a state government agency or employee, you first need to learn about the Illinois Court of Claims Act. Basically, this statute describes the type of claims the court will hear if someone decides to file a lawsuit against state governments or agencies. Its important to note that sovereign immunity is limited under the Illinois Court of Claims Act.
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How To Sue The Federal Government
This article was written by Jennifer Mueller, JD. Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow’s legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.There are 11 references cited in this article, which can be found at the bottom of the page. This article has been viewed 52,785 times.
Typically, you can’t sue the federal government. However, the Federal Tort Claims Act provides a limited right for private citizens to file a lawsuit in federal court against a federal government agency for negligence or personal injury claims. You may have a lawsuit under the FTCA if, for example, you were hit by a postal service truck while crossing the street, or you slipped and fell in a Social Security office. A lawsuit under the FTCA is more complicated than a basic personal injury lawsuit against another individual or a private business, and you must first exhaust administrative remedies before you have the right to sue the federal government.XResearch source
Making A Claim Under The Federal Tort Claims Act
Historically, the doctrine of “sovereign immunity,” prevented ordinary people from suing the king. Sovereign immunity carried over to the U.S. government until lawmakers passed the FTCA in 1946. Now you can sue the federal government in some cases, but you have to follow special rules.
The FTCA is meant to compensate people for injury, property loss, or death “caused by the negligent or wrongful act or omission of any employee of the Government.” But this broad-sounding mandate is subject to a lot of fine print.
You might have a claim under the FTCA if you were:
- injured by a federal government employee
- the employee was acting within the scope of their duties
- the employee was acting negligently or wrongfully, and
- the negligent or wrongful act caused you harm.
If you have documentation that your claim meets these requirements, then you may file an administrative claim within two years of the date you were harmed. You must file an administrative claim before you can sue the federal government in court.
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The Ftca And Its Effect On You
Thereafter, in 1946, a federal stature was created called the Federal Tort Claims Act , which constituted a limited waiver of sovereign immunity and permitted citizens to pursue claims against the government for injuries, death or damage to property caused by a federal employee, or due to an accident on federal property.
The catch was that you needed to prove that a) the federal employee was within the scope of his employment b) his negligent conduct caused the accident and c) if you could find a similar lawsuit successfully litigated against a private party. Typical examples of lawsuits against the federal government would be a person hit by a postal truck or someone slipping and falling at a federal building.
What Is The Statute Of Limitations In An Ftca Case
The FTCA allows injured people to recover money damages when a federal employee causes an injury. The FTCA applies to medical malpractice committed by federally employed health care providers. Victims of medical malpractice must bring claims within a limited time under the FTCA. How long do you have before your statute of limitations expires?
The statute of limitations on FTCA cases is two years. So, to prove negligence, the injured party must file a claim with the appropriate federal agency within two years of the injury or death. It is critically important to file your claim as soon as possible after the injury.
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How Does A California Tort Claims Act Case Work
Generally, after submission of a properly completed notice of claim to the appropriate public entity, the government has 45 days to respond. This may result in one of several actions:
- The claim is rejected, or there is no response
- The claim is approved in whole for requested damages, or in part by way of a settlement
- The entity requests additional information / that the claimant amend the claim within a certain time period
- The claim is returned for being untimely.
If a claim is denied or rejected, either in part or in whole, claimants can proceed by filing a civil lawsuit against the government. There are two statutes of limitations for filing an actual lawsuit against a government entity:
- 6 months from the date a claimant receives notice from the government that the claim is rejected in part or in whole or
- 2 yearsfrom the date of the incident if the government failed to respond to the notice of claim.
Because California does NOT have damages caps in government liability cases, victims are entitled to recover their economic and non-economic damages just as they would in a normal personal injury case against a private party meaning they can recover for medical expenses, lost income, pain and suffering, and other damages.
However, the Act does not allow for the recovery of punitive damages, which are awarded in very few civil injury cases, and only when egregious conduct can be shown.