Are there Limitations to Suing the Federal Government?

Did you fall and injure yourself while mailing a letter in your local post office?

Unfortunately, suing the federal government is trickier than suing a private citizen. The lawsuits are subject to a lengthy and sometimes confusing list of limitations.

In order to sue a government agency you must first file an administrative claim with the city, county, or state of which the agency is a part.

In addition, check the statute of limitations because you may have as little as 60 days to submit an administrative claim. Be prepared – if the government denies your claim, the denial letter will tell you how long you have to file a lawsuit in court.

If you have a claim against the federal government, your only option is to sue under the Federal Tort Claims Act (FTCA), which allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment.

In general, the FTCA is intended to provide monetary compensation for injury, property loss, or death caused by the negligent act of any employee of the federal government, which includes the United States Post Office.

The following are guidelines regarding the limitations on FTCA claims:

  • Only federal employees can be sued, not independent contractors hired by the federal government
  • Only claims of negligence, as opposed to intentional misconduct, are allowed to be brought against certain federal law enforcement officers
  • The negligent conduct must have been done within the scope of the defendant’s employment
  • The claim must be based on, and permitted by, the law of the state in which the misconduct occurred

If an injury occurs because of the negligence or carelessness of a federal agency, such as the United States Post Office, the injured party may file a claim against the appropriate government agency for damages. It may be challenging and stressful to make a claim against the government, but with a strong and skilled personal injury attorney on your side, you can confidently make an effective case.

Contact the experienced personal injury attorneys in the law offices of Maggiano, DiGirolamo & Lizzi with offices in Fort Lee, New Jersey and New York City. We can discuss your legal options and aggressively fight for compensation for your injuries, medical expenses and pain and suffering. Call us, speak to an attorney confidentially, the initial consultation is free. Or visit us online and submit our contact form.