Proving an FTCA Claim
A successful claim under the FTCA will demonstrate the following:
- Injury or property damage as the result of negligence by a federal employee
- That the federal employee was working within a normal framework for his or her job description
- That the federal employee’s negligence or wrongful act proximately caused injury or damage
The claims process for the FTCA is more complicated than most civil lawsuits because a claimant cannot directly proceed to court. Instead, a filing must be made with the agency that will be held responsible for the misconduct. The statute of limitations on filing a claim with any agency is two years, which is federally enforced and does not vary from state to state. Securing an attorney to help you with the claims process will provide answers to any questions that may arise about the nature of your claim.
An FTCA attorney can help draft a legally accurate claim with all the relevant facts and figures. Your claim will need to include the amount of damages you are requesting and any facts that support your claim of injury or damage.
Because filing a claim under the FTCA requires federal government review, the turnaround time for hearing back about your claim can be up to six months. If your claim is ruled valid in that time frame, your case is finished. If not, you will have six additional months to file a lawsuit.
Having an attorney helping you from the beginning of the claims process is the best way to ensure your case is ready and strong. If you did not file your original claim with a Kansas City, Missouri-based FTCA attorney’s guidance, you will need to secure the services of an attorney to pursue further legal action.
Do You Believe You Have a Federal Tort Claim?
A successful claim under the FTCA should demonstrate numerous factors, so it’s important to speak with an experienced federal tort claim lawyer as soon as possible. Arrange a free consultation with the skilled legal team at Fowler Pickert Eisenmenger Norfleet by contacting us online or calling our office directly at 888.813.0825. We’re proud to serve clients in Kansas City, Missouri, and the surrounding area, and look forward to speaking with you.