You can sue the federal government and the cases can be won often by settlement. If you play by the federal government's rules, this can be done as well or better than state courts.

With some exceptions most of these suits against the federal government match state laws. That is, if a federal government car rear ends you, the federal government is liable for the damages and pain and suffering. If a doctor commits malpractice at a VA hospital or on a base when treating someone who is not in active service, then the federal government is liable as if this was a state case. So the first thing you need to see is that if you think it would be wrong under state law then there is a good chance it will be  wrong by the federal government and the federal government can be sued.

But - there's always a "but" when dealing with federal law isn't there - the way the suit against the federal government is brought is different. In some ways the federal system can work better.

One way that can be better if done right but gets you thrown out if done wrong is the claims process. You can't just step up and file a lawsuit against the federal government for negligence.  You must first file a claim within two years of whatever hurt you and give supporting documents and information. You're lawyer can do this for you so this is one of  the things to call me about. If you wait past the two years, the statute of limitations applies and your case gets bounced - it is forever barred.

If you or your lawyer got this claim in before the two years, then the federal government has 6 months to look at this claim, ask for more information then decide to settle the claim or turn it down. If you can't settle the claim or the federal government denies the claim, then you have 6 months from the denial to sue the federal government for negligence and ask for damages including pain and suffering from the federal government.

If by suing the federal government for negligence, this will go to trial in federal court. This will be before a federal judge without a jury which is fine. The federal judge will also set attorneys' fees if you win. These can be no more than 25% of what the award may be.

Suing the federal government for personal injury

Virtually any personal injury from a car wreck, to a slip and fall or any other claim where you have been hurt can be the basis for suing the federal government just as someone can sue you or me if we hurt them and for pretty much the same reasons. You have to follow the rules I talk about above but it can be done.

There is one quirk, you cannot sue the person that hurt you. When you claim or sue, you sue the federal government itself but  not the person. So, for example, someone working for the DEA caused a wreck that hurt you, then I would sue the federal government for you, the DEA, but not the driver.

Suing the federal government for car accidents

A car accident is simply one form of personal injury.  In general the rules of the road for Alabama and Mississippi apply to someone working for  the federal government so when  you follow these claims and lawsuit rules for suing the federal government, the basis for suing the federal government for negligence is pretty much what you know even though this will  be in federal court under federal rules.

Suing the federal government for malpractice at the VA or at a base hospital or clinic

Here there is a difference between someone in active service and a Veteran or family member of someone in active service. Someone who is in active service cannot sue the federal government for negligence under any circumstances. However, once out of active service or a family member then the normal negligence rules for medical malpractice apply. Then the injured person can sue the federal government for negligence, in  this case medical malpractice.

As I mentioned above, this will be a suit against the federal government for negligence, for  example, but  not the doctor or the nurse who committed the negligence. The claim or suit will name the federal government or agency in the suit for negligence.

Suing the federal government for wrongful death

As in all the other cases, if the federal government causes a death through negligence then you can sue the federal government for negligence in causing the death.


This may have answered one question only to raise two more. So, please email: lawyerharmon@gmail.com or fill out the contact form on the top of this page or on the contact page or call:
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Dennis Harmon

Columbus, Tuscaloosa, Carrollton

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Suing The Federal Government For Negligence in Tuscaloosa