If you have suffered harm caused by a federal government employee or entity, you could be wondering if you could sue the government for damages suffered. While the answer is yes, the process may differ slightly from when suing a private entity or an individual.
If you are interested in learning more about lawsuits against the US government before talking to a lawyer, you have come to the right place. This post highlights some critical aspects of filling a lawsuit against the government that you may need to know.
Federal Tort Claims Act (FTCA)
Historically, suing the government was impossible because the government enjoys sovereign immunity. Sovereign immunity prevented subjects from filing a lawsuit against the King. This doctrine was adapted by the US Constitution and prevented citizens from suing the government until 1946, after the passage of the Federal Tort Claims Act (FTCA).
The FTCA allows citizens to access compensation for damages resulting from the negligence of a government agency or employee. The FTCA also controls the procedures for filing a claim against the federal government.
Common Claims Under FTCA
Car Accidents
Thousands of federal government vehicles are on the road at any given time. Like other vehicles, they can and do get in an accident. If the driver of the government vehicle was at fault in the accident, then the government will be liable for the resulting damages.
Premises Liability
Accidents could also occur on governmental premises like federal government buildings and parks. Since the government is responsible for ensuring their premises’ safety, accidents resulting from failure to provide a safe environment on government premises will have the government liable for resulting damages.
Property Damage
The government will be liable for property damage resulting from the negligent actions of government employees. For example, if a government-owned car rams into a property, causing damages, the government will be liable for the resulting damages.
Proving Government Liability
Proving government liability follows the same theory as liability for other entities. This means the governmental agency or employee must have had a duty of care which they breached, resulting in an accident in which you suffered harm.
Also, the federal government employee must have been involved in their scope of work at the time of the accident.
This means that if the employee was running a personal errand, the US government would not be responsible for accidents and damages caused.
The Camp Lejeune Justice Act
If you lived in Camp Lejeune in North Carolina or its environs from 1953 to 1985, you might be familiar with the water contamination at the camp that occurred during the period. This contamination is responsible for illnesses such as cancer prevalent among the families living in the camp during the said period.
The main contaminant at the two water treatment facilities, Hadnot Point and Tarawa Terrace, was perchloroethylene (PCE), a known carcinogen. By 2016, there was a large number of people filling claims against the government for damages suffered. Unfortunately, the federal court denied the claims based on North Carolina’s stringent statute of repose which runs for ten years.
If signed into law, the Camp Lejeune Justice Act created by the senate will allow every affected person to issue a water contamination lawsuit against the government and recover compensation for damages suffered.
Statute of Limitation for Lawsuits Against the Government
Depending on your state, the statute of limitation for lawsuits against individuals and private entities can run for up to three years. When bringing a case against the US government, you must do so within two years or lose your right to sue.
The two years often run from the time of the accident or the date you were diagnosed with an illness resulting from the negligence of a governmental agency or employee.
