FTCA – Claims Against U.S. Government
If you were injured by a negligent employee of the United States Government you may present a claim under the Federal Tort Claims Act (F. T. C. A.). For example, your injury may have arisen from a collision with a postal truck caused by the negligence of the driver acting in the course of employment for the Postal Service. Before filing suit you or your attorney must file an administrative claim with the governmental agency that employed the negligent worker. It is best to use Standard Form 95, available at the post office. The claim must be filed by certified mail within two years after the occurrence. It must provide detailed information about the accident and your injuries. It must state the specific maximum dollar amount of damages that you will claim. If the claim is denied (or not acted upon within six months) you may file suit in the United States District Court in the district where you live or where the injury occurred. Trial is before a judge without a jury. Attorneys fees are limited to 20% of your recovery, increased to 25% if suit is filed. More thorough discussions of F.T.C.A. law and procedure can be viewed at several web sites, including www.quintonpetix.com/deftorac.htm.