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Home  >  Articles  >  The Federal Tort Claims Act

The Federal Tort Claims Act

Individual people and private corporations are naturally not the only parties who have injured others through careless actions. In some cases, people can file legal claims against municipalities, state-run programs, and even the federal government. These claims tend to be much more complex than claims between private entities, however.

If you have been injured by a representative of the federal government, you will need to become familiar with the Federal Tort Claims Act (FTCA). This is the law, passed in 1948, that spells out when and how people can pursue claims against the US government. If you have any questions about your rights or responsibilities under the Act, call the New Jersey federal claims attorneys of Levinson Axelrod, P.A. at 800-346-5529.

Grounds for a Claim under the FTCA

Depending on the details of your situation, you may have grounds for legal action against a government worker as an individual, or against a federal agency as a whole. The latter category is rare, as the federal government has strict protections against lawsuits filed by citizens. You may be able to pursue compensation from such an agency if you have experienced:

  • Battery, false imprisonment, or other crimes committed by a federal law enforcement official
  • An agency’s failure to perform the job duties required by its mission statement

It is important to note that you may not have grounds for legal action if an agency or individual employee chooses not to perform discretionary duties – duties that they may chose to perform or those that are not at their discretion. In addition, the federal government is protected from defamation lawsuits of all kinds, although individual employees may be sued for this offense.

The bottom line is that filing a legal claim against a government agency or employee is a very complex undertaking, even when the other party is clearly in the wrong. A New Jersey federal lawsuit lawyer from our firm can provide the guidance and support you need during such a legal struggle.

Contact Us

The New Jersey federal claims lawyers of Levinson Axelrod, P.A. have the experience, knowledge, and legal insight you need to fight for justice. Contact us today at 800-346-5529.