Anyone harmed by a federal government entity and wants to can sue. Though, most have no idea of all the hoops they must jump through. In fact, this is to be able to have the legal right to sue. But yes it is true, any person has the right to bring a personal injury claim involving negligence. This can get accomplished under the Federal Tort Claims Act (“F.T.C.A.”).
Sovereign immunity is available for many official acts. The 14th Amendment of the Constitution mandates the right of redress for grievances. Though, this lies with the sovereign people on whose behalf postal workers serve.
Typical Claims Against The Post Office Under the FTCA
If the FTCA involves the U.S. Post Office, it can be a traffic collision with a mail truck. But, it could be a slip and fall accident on the Federal enclave itself. To begin with the process in this case is different. In fact a lot different from the personal injury claims process. They must as a matter of fact follow the federal guidelines. These procedures and substantive rules found outlined in the FTCA.
Why is a Unanimous Jury Required?
These suits will get filed in a federal court. Though, some civil rights cases can get filed in California state court. Here state court doesn’t require a unanimous jury. Contrast this with the federal court, in this case; a unanimous jury will become required. In fact, the full vote of the jury is needed to win a favorable verdict in the case.
The FTCA IS Wrought With Pitfalls and Requires an Excellent Attorney if You’re Intent Upon Suing the U.S. Postal Service
This Act is in fact high complex. Also, it may become confusing to a lawyer in this case. Let alone a person without any legal training at all. The personal injury lawyer must know the rules, too. In fact they must understand the guidelines of the FTCA. Most, these will include different filing procedures for claims against govt. entities. Right away, one will see the differences. In this case between the non-government and government related claims. The Federal Tort Claims Act overrides older laws. In fact laws that did prevent suing the federal government. So though they had the sovereign immunity discussed above. Certain bad conduct is subject to a claim.
“Letter To Sue”
In any event, to file a lawsuit against the party a letter’s filed. In this case for a person to bring a claim procedure’s followed. An example in fact against the government filing is different. In fact they need the government’s approval to bring the allegation. This process cannot start until the plaintiff receives a claims denial letter. Also, this is known as a “letter to sue.” The enacting of the FTCA changed the rules, though. It changed some types of suits filed against federal employees and agencies. But most of the cases get limited to cases with negligent actions.
Also, this permits the person suffering harm, and property loss to get paid. So this is the family who lost a loved one to obtain a financial award. This gets claimed under the laws of the FTCA. These guidelines stipulate the harm must be through negligence. So this includes omission or a wrongful act by a government employee.
An Example of the Complexity of the “Act.”
In this Act, is fine print here, and complex regulations, too. Also, this must follow for it to be a successful claim. So this isn’t as broad sweeping policy. Federal tort law makes it possible to file a lawsuit against post office employees. If the employee works as an independent contractor, you could still sue.
Last, it will depend on the circumstances. If in fact the Act applies to this entity. Since it is possible a different injury law will apply. Under the FTCA laws, the negligent or wrongful actions must take place. At the time the federal government employee’s did perform their duties. This means they’re engaged in their regular course and scope as a postal employee.
Sovereign Immunity and Limitations Placed On These Types of Claims
There’s in fact a limitation on misconduct that is intentional. Though, all negligence claims fall under FTCA laws. In fact limitations placed on claims against federal government. Limits the agencies pay out for recovery of financial settlement. None the less, in fact millions of dollars get paid out every year on claims. In this case it is claims filed against federal agencies. If you believe you have a valid claim a consult is important. A claim against a federal government agency can gain compensation.
Proving an FTCA Claim against the USPO
If a person has a claim against the U S Post Office there are in fact rules. Too, these rules include filing the claim. In fact filing must happen within the statute of limitations. This period is often within two years in a normal state court case. But this is with a regular, non govt. entity as a defendant. Also, many of these govt. claims can get limited to 6 months.
So this makes these cases scary and confusing. Knowing the right steps to take in protecting the right of action is difficult. Consulting a personal injury lawyer means they can assist you. They can help in the validity of the potential claim. The lawyer can ensure the time limit in this case is met. This in fact begins from the date of the incident.
Pleading Your Claims Under the FTCA
Going into a lawsuit of this type it is for financial reward. It will be necessary to plead and seek a specific financial amount. But you need to have all the relevant facts. Also, to produce the significant paperwork available. This is due in part to mandatory discovery rules compliance. First the claim in this case gets filed the agency. The agency will have six months to respond to the claim. The other choice here is to admit the claims validity. But claims get denied as a matter of course.
If the agency denies the claim it’s essential to have legal counsel. Though, you will have someone to assist with the claim, and take the lawsuit to court. Though, the lawyer providing skilled guidance can help explain things.
There are a variety of administrative remedies to understand. Legal help is essential in filing an injury claim using the FTCA. Same goes in fact for suing the U.S. Postal Service.
http://www.dol.gov/ecab/decisions/2014/Feb/13-1952.htm 13-1952: A.A. and U.S. POSTAL SERVICE, POST