Understanding the Federal Tort Claims Act
The attorneys at Potomac, MD’s Shulman Rogers have been representing clients in Federal Tort Claims Act (FTCA) cases for more than 40 years. If you have been the victim of medical malpractice or negligence in a veteran’s hospital, in an accident with a government vehicle or injured by a government employee, you may be eligible to file for damages through the FTCA.
Doing so is a complex legal procedure with a set of rules different from standard personal injury cases. During this process, an experienced and knowledgeable FTCA lawyer can be an invaluable ally.
Knowing Your Rights
Few areas of the law are more misunderstood than FTCA claims. While a complete overview of the subject is beyond the scope of this page, there are a few common misconceptions that can be easily cleared up:
- Active-duty personnel: One common misconception about the FTCA is that active-duty military personnel are not allowed to file a claim. This stipulation applies only when the accident happened as a result of your direct responsibilities. If you’ve been hurt doing something not related to your active service, you may still be able to file a claim.
- Eligibility: Individuals in the military, their spouses and children can all file military claims through the FTCA. For example, if your child was injured in a military hospital, any legal action must be brought through FTCA rather than a standard medical malpractice suit.
- Location: FTCA claims do not apply to injuries that happened in a foreign country. However, the Military Claims Act and other relevant legislation may. Additionally, while it is possible to file an applicable FTCA claim from anywhere in the country, a close proximity to the primary claims office for your branch of the military can expedite the process.
- Statute of limitations: In many cases, FTCA claims must be filed within two years of the date of the incident; however, not all claims are time-barred. Generally speaking, it is better to speak with a military claims lawyer sooner rather than later.
When to Speak With a Federal Tort Claims Act Attorney
The FTCA lawyers at Shulman Rogers are available to provide immediate assistance to any soldier or his or her family who have been injured due to the negligence of a fellow federal employee. If you’re on the fence about filing a claim — or are unsure if your injury falls under the auspices of FTCA or another legislation — contact us today for a free consultation.
Why Shulman Rogers?
Your choice of an FTCA lawyer is a significant one that can have a major impact on your chances of attaining a favorable settlement. Shulman Rogers has experience fighting for the rights of service members and their families.
Our team of FTCA attorneys includes a former military doctor who has since moved into law and dedicated his career to helping injured veterans get the compensation they need to recover. Our location in Potomac, MD conveniently situates us near the Army, Navy and Air Force primary claims centers, which means our FTCA lawyers can respond appropriately to changes in your case as they develop.
When you need a lawyer for claims against the military, call Shulman Rogers first.