In the United States of America, nobody is above the law, not even the government. If you have suffered mistreatment, injury, or losses due to the actions of a government employee or agency, suing the US government is an option that you have the right to pursue.
If you’re sat wondering “can you sue the government?”, it’s worth noting that there is not a simple yes or no answer.
Rather, your ability to file a claim and receive compensation from the US government depends on a wide range of factors.
The reason you wish to sue, the role of the defendant, and the context in which an offending incident took place will all affect your ability to file a claim.
If you want to sue the state or federal government, here is exactly what you need to know beforehand.
When Can You Sue the Government?
Put simply, you can only sue the government if you experience suffering as a result of legally-defined negligence from a governmental actor.
This means that you cannot sue the government unless your claim falls under specific circumstances, as set out in the Federal Tort Claims Act (FTCA).
If a negligent action (or lack of action) from a government employee results in personal injury or property damage, suing the government becomes a possibility.
On the surface, this is a generally wide remit. If a wet floor in a DMV office causes an injury, there is a case for negligence.
The same applies if a person driving a government vehicle hits you with their car, or if a Veterans Association doctor conducts medical malpractice. The list goes on and on.
What Are the Terms and Conditions?
It’s worth noting that suing the federal or local government is not simply about whether or not you think you are the victim of negligence. There are several strict terms and conditions that apply.
This is why it is vital that you consult an attorney that has extensive experience with such claims, such as Sweet James, to make sure you have a strong leg to stand on.
If you are suing under the aforementioned FTCA, it is important that the person responsible for your injury is a federal government employee.
They cannot be an independent contractor working for a private company. In addition, the negligent activity must have been carried out under the scope of that person’s employment.
For example, if you were hit by the car of an FBI agent, they must have hit you while they were ‘on the job’.
Furthermore, the claim you are filing must be permitted by the state in which the incident occurred, even if you are suing the federal government.
How Do You File a Claim?
To file a claim, you will need to identify the government agency responsible for your injury (i.e. the DMV or the FBI).
You will then need to obtain and fill out a Standard Form 95. This can be downloaded for free from the US Department of Justice website.
You must include all of the facts and the total damages in your claim form. Once you have submitted a claim, the government will rule on it.
If they rule in your favor, you can hire lawyers to sue the federal government and begin the process of receiving your due compensation.
Knowing the answer to the question “can you sue the government?” is crucial for anyone who cares about their civil liberties. At American Mirror, we remain committed to keeping citizens informed during these unprecedented times.