Our Attorneys have successfully handled Federal Tort Claims for individuals who have been injured in car crashes, slip, and falls, as well as medical malpractice. we have handled hundreds of Federal Tort Claims, throughout Texas. I am familiar with the Federal Tort Claims Act, the administrative claims process, and the way that the United States Attorney’s office defends these claims. I have handled many of these claims for individuals who have been injured as a result of the negligence of the Federal Government, and other attorneys have referred their clients, to me, to handle their Federal Tort claims.
Some attorneys do not like to handle these claims because they are not familiar with the procedural requirements. Other attorneys do not like to handle these cases because the law limits the contingency fee that can be charged to either twenty percent or twenty-five percent, (28 U.S.C § 2678) instead of the 33 1/3 percent contingency fee, which is the maximum permitted, under most circumstances, all of my contingency fee agreements include the statutory fee limitations, so that the client is informed about them, at the beginning of the case. I have never charged a client more than the US Code allows for handling a Federal Tort Claim.
The Federal Tort Claims act involves several procedures that are different than the procedures, which are used to handle a claim against an ordinary individual:
1. A proper administrative claim must be filed with the appropriate Federal Agency within two years.
2. The time for filing a complaint is governed by when the Federal Agency denies the claim. In some cases, you may have to file your case as soon as six months after your accident, and in other cases, you may have more than two years from the date of your accident to file your claim.
3. You must file your complaint in the appropriate United States District Court. There have been cases where this step was not completed properly and the claimant’s case was dismissed.
4. You must serve your complaint on the appropriate U. S. Attorney and the Attorney General of the United States. Three are cases where this step was not completed properly and the claimant’s case was dismissed.
5. The Federal Government is not an insurance company. A Federal Tort claim can only be made if the Federal employee was acting in the “scope of his employment”. In some cases, the Federal Government will not be responsible for the actions of its employee and you may have to file a complaint against the individual in the appropriate court. Sometimes the statute of limitations against the individual employee, maybe different than the statute of limitations against the Federal Government.
6. You are not entitled to a jury trial. Your claim will be decided by a United States District Court Judge, without a jury.
7. The maximum attorney’s fee is 20% for cases that are settled before suit is instituted and 25% for cases that are put into a suit. (28 USC §2678)
If you have been injured as the result of the negligence of a Federal Employee, please call our Law Firm to schedule a free initial consultation to discuss your case. We handle Federal Tort Claims throughout Texas. Evening and weekend appointments, as well as home and hospital visits, are available.
Referrals of Federal Tort Claims are invited. As an attorney who is certified by the Supreme Court of Texas as a Civil Trial Attorney, referral fees are paid pursuant to Rule 1:39.