Mike Eidson Explains Where To File Federal Tort Claims Act Cases

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

November 2, 2018
Colson Hicks Eidson

If a government employee caused an accident or death to occur, the government can be sued for damages. The location of the incident doesn’t necessarily always matter, but there are special rules that apply. You may choose to sue someone in addition to the government, and in that case you will still file in federal court. Your attorney doesn’t need to be local, they can be from anywhere in the country. Contact Colson Hicks Eidson at 305-476-7400 for more information.

Video Transcription: They don’t have to occur actually on government property. If it involves a government employee driving a truck or a car on the highway anywhere, the government can be responsible for their employees, just like any other business would be. But there are special rules that apply when you want to bring a case against the government. In that case, your rights are defined by the negligence law in that state and by the damages law in the state where it occurred, but you can bring it where you reside when you bring it or you can bring it where the accident occurred. And you can hire a lawyer anywhere to handle the cases. We have cases right now in Arkansas, California, New York…we’ve handled cases all over the country against the United States government, and we understand how these laws work. We have a Federal Tort Claims Act book that’s got hundreds of pages because there’s so many regulations that apply. The cases are filed in federal court even if you sue somebody else, because they’re co-defendants and they both work together to cause your injury or to cause the accident. You can you still file suit in federal court. You get a federal judge and you don’t get a jury, and you don’t get punitive damages for example. But, otherwise, your recovery would be the same that it would be under the law of the state where the accident occurs. If they have caps on damages in the state where the accident occurred, that’s going to apply in federal court. If they don’t, there won’t be. You can recover your full damages. Call Colson Hicks Eidson 305-476-7400 or go to our website https://www.colson.com for more information.