Federal Tort Claims Act

The term “tort” refers to any wrongdoing or injury caused by someone else’s failure to fulfill a legal duty. Under United States tort law, federal employees are not personally liable for most torts they commit in the course of their work. Instead, the federal government provides an exclusive remedy for such tort claims called the Federal Tort Claims Act.

The Federal Tort Claims Act (FTCA) removes the federal government’s immunity from certain types of tort claims and gives the government responsibilities much like those of a private citizen. This system allows citizens to file civil suits against the government. If a private citizen committing the same act would be liable under tort law, the federal government can also be held liable, unless certain limitations stated in the act apply.

Experienced Representation in FTCA Cases

In some respects, FTCA cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time. Whitehurst, Harkness, Brees & Cheng, P.C., has experience in representing injured parties at the administrative claim stage and throughout trial in federal court.

Our attorneys have a strong record of succeeding in serious personal injury cases in which the negligent party is an agent of the government. In fact, our firm obtained two of the largest Federal Tort Claims Act verdicts in United States history: Dickerson v. U.S., in which our clients received over $15.7 million, and Lebron v. U.S., in which our clients received $18.9 million. Federal Tort Claims Act cases can involve several areas of personal injury law, including:

• Medical Malpractice
• General Negligence
• Product Liability
• Wrongful Death
• Motor Vehicle Accidents
• Aviation Accidents

Contact Our Attorneys

If you have sustained a serious personal injury at the hands of a federal employee, contact an Austin Torts Lawyer Whitehurst, Harkness, Brees & Cheng, P.C., for nationwide representation in your FTCA case.