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When the Government Is at Fault

April 02, 2012 | Comments: 0 | Views: 119

Suing the government is not easy but it is possible in some extraordinary circumstances. If you feel that you have been injured because of the negligence or the intentional wrongdoing of an individual who works for the government or even a government agency, for instance, and your only available choice is to sue the government, you will definitely need a personal injury lawyer who could help you properly make a claim according to criteria set under the Federal Tort Claims Act (FTCA). Accidents wherein you may sue the government vary in nature. It may be a simple slip and fall case inside government premises or a claim for property damages resulting from a government project or even a medical malpractice that happened in a military hospital.

As previously mentioned, there is a proper way to filing claims against a government agency. Before your case can be heard in court, you have to verify if your case will be allowed by the FTCA to be heard. A proper claim must be presented before the FTCA before a district court may review your claim. Your personal injury lawyer will help you file a complete claim and properly present it within the given time period of 6 months to 2 years from the time of the injury. Your claim must be in writing and must follow the FTCA standard format for the claim. You must also include a claim for "damage and injury" every time. Moreover, your claim must be duly signed and must include a sum that corresponds to all the damages and injuries that you have sustained. You must show proof for each assertion that you put in your claim and most importantly, your written claim must be submitted to the agency that purportedly caused you or your property to sustain injuries and damages.

If your claim was acknowledged to be a proper and reasonable one and have passed all the criteria set under the FTCA, your suit may be reviewed but you will have to wait another 6 months before you could file it at the district court. If after 6 months, a decision has not yet been made as to whether they will allow your injury case against the government to be heard in a district court, then you may proceed to file your suit as a rule under the FTCA. Moreover, essential information must be included before your claim may be considered complete. The claim information must include a detailed explanation of the claim based on the incident, the names of the agencies, individuals and property concerned, the information and the extent of the injuries or damages and documentation like medical abstracts and records, hospital bills, employment records or anything that shows you have incurred losses. Failure to present a proper claim will result to the dismissal of your case.

It is very important to hire a lawyer who is conscientious enough to help you present your claim properly before the court. Also, if your claim is deemed to not have been properly presented, you might lose all your chances of being compensated by the government agency that caused you injuries or that brought about damage to your property. Be diligent and keep in mind that there is a proper way to file claims and that failure to comply with rules will mean forfeiture of your right to a settlement.

Seomul Evans is a SEO consultant and copywriter for Personal Injury Lawyer Visit the website to learn more about we handle Car Wrecks Cases.

Source: EzineArticles
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