Federal Employee Accident

Accident with a Federal Government Employee or Vehicle

Our office handles motor vehicle accident cases against the Federal Government. If you were involved in car accident with a Federally-owned vehicle, you may be entitled to money for your injuries. This includes accidents in Florida caused by the US Postal Service, Fish and Wildlife, US Customs, and many others.

Unlike a typical car accident, an accident claim with the Federal Government involves the Federal Tort Claims Act (FTCA). The FTCA permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.

Limitations to Federal Tort Claims
There are several limitations to presenting a claim for personal injury or wrongful death against the US Government.

For example, a lawsuit cannot be filed against the United States unless the claim has been presented and affirmatively denied, or final disposition is not made within 6 months of presenting a claim.

Attorneys' fees are also limited. No attorney shall charge, demand, receive, or collect for services rendered, fees in excess of 25 per centum of any judgment rendered pursuant to section 1346 (b) of this title or any settlement made pursuant to section 2677 of this title, or in excess of 20 per centum of any award, compromise, or settlement made pursuant to section 2672 of this title.

Time limited to two years
To be timely filed, an administrative claim must be filed with the appropriate federal agency within two years from the date of the accident which gave rise to the claim. 28 U.S.C. § 2401(b). If an administrative claim is not filed within this two year statute of limitations, it will be time barred.

Claim forms are available from several United States branches. Form 95 is the typical form used for claims. For a sample of one used by the Department of Justice, click here.

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