When you have a federal tort claim, you are already under tremendous strain. You need a legal team that understands the gravity of your situation and is willing to put in the time and effort required to see favorable results. At Lawton Cates, our firm is committed to ensuring that your case is fought with the ferocity it deserves.
In the simplest of terms, federal tort claims are civil claims filed against the U.S. government. seeking compensation for monetary losses caused by bodily injury, wrongful death, and/or property damage or loss resulting from the negligent or wrongful conduct of a federal government agency or employee acting within the scope of their employment or office.
At Lawton Cates, we represent people with federal tort claims. Lawyers at our firm have two of the largest federal tort claim settlements ever in Wisconsin. With offices in Jefferson and Madison, our federal tort attorneys handle cases on behalf of clients throughout the state of Wisconsin. We provide every client with a high level of personal attention and service. As a client, you will be in direct contact with your attorney throughout the duration of your case and will retain consistent access to our team of legal professionals.
How Does the Federal Tort Claims Act Work?
The Federal Tort Claims Act (FTCA), enacted in 1946, outlines the procedure by which individuals, businesses, and even government entities may bring claims for monetary compensation against federal government agencies and employees. Essentially, the Act recognizes the federal government’s liability for damages caused by federal employees’ negligence or wrongful acts or omissions, leading to bodily injury, death, or property damage.
To have a federal tort claim under the FTCA, you must be able to prove the following elements:
- You were injured, your loved one died, or your property was damaged, resulting in specific financial harm, losses, or damages
- The cause of injury, death, or property damage was a federal employee’s negligent or wrongful conduct (whether an act or omission)
- The federal employee was “on the clock,” meaning they were acting within the scope of their employment or office, when the incident occurred
What Is the Process for Filing a Federal Tort Claim?
Federal tort claims are very similar to standard personal injury, wrongful death, and property damage claims against private citizens when it comes to establishing liability. However, the procedures involved in filing a federal tort are notably different than those for standard civil claims.
For an FTCA claim to be valid, the plaintiff must prove that they have a valid claim. This involves providing adequate information to investigate the claim, a specific monetary reward being sought, and the signature of the plaintiff and/or an authorized agent or legal representative. Typically, such validity can be established through the filing of Standard Form 95, which is filed with the federal agency allegedly responsible for your damages.
Before you begin, you should know that there are various steps involved in filling out and submitting Standard Form 95. Additionally, your time to file a claim is limited in most cases to two years from the date the claim arose, or the date on which the injury, death, or property damage occurred. In some instances, the statute of limitations may even be shorter.
We encourage you to reach out to an attorney as soon as possible if you believe you have a claim against a federal government employee or agency. Our Wisconsin federal tort claim attorneys at Lawton Cates can help you review your options and develop a plan to protect your rights free of charge.
Damages in Federal Tort Claim Cases
The Federal Tort Claims Act permits the recovery of monetary damages including, in appropriate cases, non-economic damages.
Some examples of damages in federal torts include:
- Medical expenses
- Lost wages/income
- Loss of earning capacity
- Property damage repairs
- Loss of property value
- Pain and suffering
- Wrongful death damages
- Loss of consortium, society and companionship
The exact value of your claim, as well as the damages to which you may be entitled, depend on the specific details of your case. Contact us now to learn more, including how much your claim might be worth, during a free and confidential consultation with one of our lawyers focusing on Federal Tort Claim cases.
More Than Six Decades of Experience
Lawton Cates has been proudly serving clients throughout Wisconsin since 1958, providing personalized representation and tireless advocacy on behalf of ordinary individuals, families, and business owners. Our federal tort claim attorneys in Wisconsin are available now to answer your questions. We offer free consultations and free case evaluations and are available for same-day and weekend appointments by request.
"Terry took the time to comfortably explain all and discuss options and decision-making that could be done along the way with clear pros and cons and asking me how I’d like to proceed."Jim R.
Compassionate, thorough, & made it easy to understand what’s going on.Riley G.
Lawton & Cates has been the most supportive and helpful!Rachel
"Everyone was so very kind to me... We were all made to feel welcome, made to feel supported, and made to feel like we belong there. That was very important to me since I was pretty stressed out a lot of the time."Susie