Suing
The Government ... How Is It Done?
The
federal government, like any other entity, often is
responsible for causing innocent people to be harmed.
For those of us who live in the Washington metropolitan
area, the chances of being harmed by a government employee
are increased. The situations in which we encounter
the government are both frequent and varied, and potentially
include visiting a government hospital, or being struck
be a driver operating a government vehicle. If you are
victimized by the negligent acts of a federal worker,
here is some basic information you should know.
The very first task to be performed when suing the federal
government is to file a document known as a Notice of
Claim. Essentially, this means that you must file a
claim with the agency that committed the negligence
(i.e., Department of Education, Secret Service, etc.)
The Notice of Claim is filed on a standard form 95,
commonly known as the “SF95.” It is worth
mentioning that the SF95 must contain a “sum certain”
claim, meaning that the claimant must identify a specific
dollar amount that the claimant is seeking. The SF95
must be filed within the applicable statute of limitations,
which is two years from the date the claimant knew,
or should have known, of the negligence. If the SF95
is not timely filed, the claim cannot be brought.
Once the claim has been filed, then “notice”
is considered given. At that point, the agency has six
months by which to take action on the claim. This means
that the government can investigate the matter, and
in some situations settle claims. If the government
has not taken action then suit can be brought. The legal
standard is whether the government has taken a “final
administrative action.”
Next, if (a) either settlement has not been effectuated,
or (b) no action has been taken, then suit can be filed.
Suit must be brought against the United States in the
United States District Court. Usually, the claimant
is not entitled to a jury trial. This means that a federal
judge will decide what compensation, if any, is appropriate.
***
In
short, suing the federal government can be a confusing
matter. If you believe you have been victimized by the
federal government, call Cohen & Cohen, P.C. today
for a free consultation on your case.
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