Federal Tort Claims Act (FTCA) Lawyers
FTCA Claim Attorneys in Kansas City, KS & MO
When you’ve been injured by the negligence or intentional misconduct of another person or party, you might be able to file a personal injury claim to demand fair compensation and justice. However, if the party that hurt you is a federal employee or agency, then the process of seeking compensation will be different, beginning with Federal Tort Claims Act (FTCA) claim. Shamberg, Johnson & Bergman, Chtd. and our Kansas City FTCA lawyers can walk you through this intricate process and fight to make sure your rights are respected and protected throughout it.
Don’t delay. Call (816) 542-5999 to talk to a Kansas City FTCA claim attorneynow.
What is the FTCA?
The Federal Tort Claims Act was created in 1946 after a military pilot accidentally hit the Empire State Building in heavy fog, requiring several lawsuits to be filed against the federal government when there was not much legal standing to do so. Essentially, it represents a limited waiver of the federal government's sovereign immunity, acknowledging its liability under certain circumstances when its employees commit negligent or wrongful acts during the execution of their official duties. However, the FTCA includes a number of exceptions where the government is still immune to such claims, such as discretionary functions, failure to carry out a statutory duty, combatant activities, and claims arising in a foreign country, among others. Our Kansas City FTCA attorneys can examine the details of your case to see if such an exception would bar your case from progressing.
Liability Under the FTCA
If an FTCA claim is permitted, liability for your injuries and losses will still need to be established convincingly. The government will likely try to deny any liability. Our legal team knows how to investigate and build a case to prove that you should be paid compensation due to the mistakes of a federal entity or employee. The approach is similar to how proving liability in other personal injury claims but requires more attention to be paid to how federal regulations could complicate matters.
We know how to prove liability in various FTCA claims, such as those involving:
- Motor vehicle accidents caused by federal agents.
- Medical malpractice at on-base medical clinics and VA hospitals.
- Violence caused by a lack of security on federal property.
Typical FTCA Claim Steps
The process of filing a lawsuit against the U.S. government at a federal level does not follow the exact same steps as most other personal injury lawsuits. FTCA regulations outline a unique set of steps to follow instead, which our legal team knows. Let us lead the way, so you can confidently pursue the compensation you need.
The usual steps to an FTCA claim or lawsuit are:
- Collect all documentation related to your accident and injury, including medical records and hospital bills. Our Kansas City FTCA lawyers can review these documents as a starting point for your case.
- Keep a daily record of your symptoms and experiences caused by the injuries you suffered due to the federal government’s negligence. This personal record can help us understand how your life and well-being have been impacted by your injury.
- Use and file a Standard Form 95. This form officially and administratively starts your FTCA claim. It allows the federal government a chance to accept your claim and calculate how much compensation you should be offered through a settlement.
- If the FTCA claim is denied or the government does not offer a fair settlement, then we can talk to you about escalating your case to litigation. We can help file an FTCA lawsuit in federal court and represent you in courtroom proceedings. You must decide to file an FTCA lawsuit within six months of your claim’s denial.
FTCA Statute of Limitations
The statute of limitations for FTCA claims is only two years from the date of injury. If you do not file a Form 95 and start the claim within this timeframe, then you will lose the option to file later. Also, some cases involving government negligence can be held to a much shorter statute of limitations, so it is important to talk to an FTCA attorney as soon as possible.
$1.25-Million Settlement in Maternal Death Case
Our FTCA attorneys were able to secure a $1.25-million settlement for a case involving a mother’s death shortly after delivering her first child at Irwin Army Community Hospital in Fort Riley, Kansas. Initially, the Department of the Army denied the claim in the administrative phase, which allowed us to file the case in federal court. We argued that the hospital failed to acknowledge the mother’s signs of a high-risk pregnancy, did not properly treat
Discover Your Rights Under the FTCA – Call Now
You could be owed compensation for an injury caused by the federal government’s negligence, but you won’t be handed that compensation outright. You’ll likely need to challenge the government with an FTCA claim or lawsuit. Empower yourself for the fight ahead by teaming up with Shamberg, Johnson & Bergman, Chtd. and our FTCA attorneys in Kansas City. We can represent people in Missouri and Kansas.
Contact us online or dial (816) 542-5999 to learn about how to start FTCA cases during a FREE and confidential case evaluation.