lawyer who will help me sue the federal government

Full Answer

What Court hears cases against the federal government?

The United States Court of Federal Claims has jurisdiction over a wide range of claims against the government including, but not limited to, contract disputes, bid protests, takings claims, tax refund suits, patent and copyright matters, Indian claims, civilian and military pay cases, and vaccine cases.

Who prosecuted cases for the federal government?

Federal offenses are prosecuted by government agencies such as the Federal Bureau of Investigation (FBI) and can oftentimes carry penalties that are far more severe than those levied by state courts. If you are under investigation by a federal agency or have already been indicted on federal charges, your future may be at stake.

Can the government sue or be sued?

The U.S. federal government, just like any American citizen, has the right to sue in civil court. If the government, or one of its regulatory agencies, believes that a business has broken a federal law or attempted to cheat a federal agency out of money, it can take that business to court. The DOJ, established in 1870, is the government's "lawyer."

Is it possible to sue the federal government?

Typically, you can't sue the federal government. However, the Federal Tort Claims Act (FTCA) provides a limited right for private citizens to file a lawsuit in federal court against a federal government agency for negligence or personal injury claims. You may have a lawsuit under the FTCA if, for example, you were hit by a postal service truck while crossing the street, or you slipped and fell in a Social Security office.

Can you file a lawsuit against the US government?

This principle dictates that citizens cannot sue the federal government unless the government allows it. Thankfully, the Federal Tort Claims Act (FTCA) allows certain lawsuits to pass regardless of the government's permission, so suing the government is possible.

Can you sue the federal government for civil rights?

An individual citizen can sue a government employee for violating their civil rights under 42 U.S.C. § 1983, also known as the Civil Rights Act of 1871, a federal law. A 1983 lawsuit is a nickname for a civil rights lawsuit.

Can you sue the federal government for violating the Constitution?

United States law allows an individual who believes that his or her constitutional rights have been violated to bring a civil action against the government to recover the damages sustained as a result of that violation.

What is a Bivens lawsuit?

A Bivens action generally refers to a lawsuit for damages when a federal officer who is acting in the color of federal authority allegedly violates the U.S. Constitution by federal officers acting.

What can citizens do if their rights are violated by the government?

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.

What is considered a violation of constitutional rights?

Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...

What is the primary statute that allows for individuals to sue government officials for violating the Constitution?

The Civil Rights Act of 1871The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting "under color of" state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.

Can you sue federal officers?

A broad court ruling could shape whether and how federal Border Patrol agents—or federal law enforcement officers generally—can be sued for alleged wrongdoing. “This case goes to the heart of the rule of law and fundamental principles of constitutional accountability,” says David H.

Why can't you sue the government?

There was once a time, not long ago, when you couldn’t sue the federal government for injury because of a legal doctrine known as sovereign immunity. However, in 1945, a pilot crashed a B-25 bomber into the Empire State Building in foggy skies.

How long does it take to file a lawsuit against a federal agency?

If the federal agency refuses to compensate you or rejects your claim, you then need to file your lawsuit within six months from the date when the decision was, or should have been, mailed to you. Suing the United States is a complicated process and definitely a lot more work than suing a private person or company.

What is the federal tort claim law?

Thereafter, in 1946, a federal stature was created called the Federal Tort Claims Act (FTCA), which constituted a limited waiver of sovereign immunity and permitted citizens to pursue claims against the government for injuries, death or damage to property caused by a federal employee, or due to an accident on federal property.

How long does it take for a federal agency to issue a ruling?

After submitting your claim, the agency has to issue a ruling within six months of receipt of your SF95. If you have a strong case, the federal agency may admit your claim and offer to compensate you in full or in part.

Christine C McCall

Nothing in your factual summary supports any valid legal claim against the feds.

Mishka L Marshall

I'm not sure why you want to sue the federal government rather than Walmart, but you can use the Find A Lawyer feature on Avvo to find an attorney in your area. Good luck.

Why is the federal government important?

The federal government is a powerful entity with vast resources to use against people who call them out on their mistakes but it is important to stand up for your and your family’s rights. By doing this, you may also be helping others who find themselves in situations similar to yours in the future.

Is the federal government responsible for causing harm?

The federal government, like any other entity, is often responsible for causing innocent people to be harmed. For those of us who live in the Washington metropolitan area, the chances of being harmed by a government employee are increased because of the prevalence of government workers here.

Can a federal claimant be a jury?

Usually, the claimant is not entitled to a jury trial. This means that a federal judge will decide what compensation, if any, is appropriate. ***. In short, suing the federal government can be a confusing matter.

Standard Form 95 – SF95

Before bringing a lawsuit under the FTCA, you must file a Notice of Claim with the federal agency responsible for your injury. A Notice of Claim is an administrative action seeking restitution from the federal government.

Can a lawyer file a SF95 Notice of Claim for me?

Yes. SF95 forms have a field to identify the legal representative filing your claim. Because there are specific procedural steps to be taken, an attorney familiar with the FTCA can help ensure your paperwork is processed correctly. Attorneys can help claimants with aspects such as:

Filing a Federal Tort Claims Act lawsuit

If you do not receive a favorable ruling in your administrative action, you may proceed with a lawsuit under the Federal Tort Claims Act.

Federal Tort Claims Act attorneys in Washington, D.C., Maryland, and Virginia

If you’ve been hurt due to the negligence of a federal entity, The Cochran Firm, D.C. has a team of dedicated and experienced personal injury attorneys who can help you get the compensation you deserve. Our team of seasoned attorneys can guide you through the complicated legal processes of suing the government and maximize your recovery.

How long does it take to file a lawsuit against a government agency?

This is called an administrative claim. This claim must be filed within two years of the incident. The agency then has six months to respond.

How long does a victim have to file a lawsuit?

Regardless of the action of the agency, the victim only has one year of filing the claim to file their lawsuit with the court. The state process can be very complicated and confusing. Victims should seriously consider allowing a personal injury attorney to handle the process for them.

How long does it take to file a lawsuit in Arizona?

The state only gives you 180 days to file your claim.

What is the first step in a government accident?

When you have been involved in an accident with a government entity, the first step is determining what government umbrella that agency falls under — federal, state, or municipal. The rules for each may vary; not following the exact required legal steps can result in your injury claim being reduced or dismissed entirely.

Can you sue the government for an accident?

If you have been injured in an accident that involved some government entity, you may be asking, “Can you sue the government?” The answer is yes. It is important to keep in mind, however, that filing a personal injury claim against a government agency can be more complex than filing against a private organization or individual. Retaining the services of a knowledgeable Phoenix injury attorney can make all the difference in whether or not you receive the full compensation you deserve for the injuries you have sustained.

What is the law that allows you to sue the local government?

Suing the Local Government: The Section 1983 Lawsuit. Individuals whose constitutional rights are violated by the state government are legally entitled to file a civil action to recover damages. This can be done because of Section 1983, an abridged term for 18 U.S.C. Section 1983, which provides US citizens the right to sue government officials ...

How to establish a claim under Section 1983?

To establish a claim under Section 1983, it requires two elements: Specifically, citing the constitutional right that was violated, and. The defendant was acting for or on behalf of a government office during the violation of rights. Therefore, some examples of scenarios where Section 1983 can be a cause of action are:

What is the Bivens case?

The Bivens claims are named after the case Bivens v. Six Unknown Named Agents. They are similar to Section 1983 except that they are aimed at the federal government and its employees. However, they differ from Section 1983 where:

How long does it take to file an administrative claim?

File an administrative claim with the specific federal agency. The claim must include facts and monetary damages and should be filed within six months to one year from the incident. Wait for the agency to respond within six months. If the federal agency agrees with your claim, then you may receive financial compensation.

How long does it take to get financial compensation for a federal claim?

If the agency rejects your claim or fails to respond to your claim after six months , then you may proceed to file a lawsuit at the United States District Court where you reside or where the incident happened.

What rights do police officers have?

Policemen search or seize property without a valid warrant. Eighth Amendment Rights. Guards physically abuse an inmate or reject their request for medical assistance. First Amendment Rights. Government employers or school administrators punish staff or students for exercising free speech or the right to religion.

Can you sue a government agency without consent?

The doctrine of sovereign immunity doesn’t allow one to sue a government entity without its consent. Thus, it is more complicated to file a lawsuit against a federal government agency for damages than suing a private individual or business entity.

R. Gary Stephens

Since I see you are from Killeen, , I know that at the state level the Texas tort claims act is applicable. However, there may be no waiver of sovereign immunity.you can only sue the state of Texas or the school district in the state of Texas under the tort claims act for discretionary decisions when there is a waiver of sovereign immunity.

Paul Sims Colley Jr

You need to make sure that you get an attorney that is experienced in handling cases against governmental entities, like schools, cities, counties, etc.. There are special provisions of the law that apply to these cases and they require notice to the government and a number of other specific actions.

John Gus Zgourides

You need a lawyer that handles school law and issues for kids with disabilities. Most are with big firms that represent the schools. Good luck.

How to sue a federal agency?

To sue a federal agency or employee under the FTCA, you must first file your claim with the specific government organization. For example, if you’re suing the government for personal injury sustained at a VA hospital, you file your claim with the Veterans Health Administration. Once you file your claim, it is considered an “administrative claim” ...

What is an administrative claim?

Once you file your claim, it is considered an “administrative claim” to be reviewed by the federal organization. To streamline this process, you and your legal representative can file a claim using the federal government’s Standard Form 95 Claim for Damage, Injury, or Death.

What is a FTCA claim?

The agency or employee’s negligent act must have been done within and during the defendant’s employment. The claim has to be based on the state law in which the negligent act happened. While the FTCA contains many other limitations, lawsuits against the federal government can be successful.

Is the government protected against a suit?

Unless a claim is permitted by the FTCA or state law, the government is likely to be protected against a suit. Better understanding the FTCA and state exemptions will help you determine if you have a valid claim.

Can you sue the federal government?

If the incident is not covered by the FTCA, a state tort claim act, or your county’s guidelines, it’s less likely you will have a successful suit. If you do have a valid claim, make sure to file it on time with the correct information.

Can a doctor misdiagnose a military serviceman?

A doctor’s misdiagnosis of a military serviceman or service woman could lead to a military medical malpractice or wrongful death claim. The passing of the FTCA and subsequent state claim acts marked the beginning of a new era of government accountability. However, sovereign immunity still exists in many forms today.

Can you sue a federal agency for negligence?

Citizens can now sue federal agencies and employees for claims of negligence (careless or wrongful conduct). For example: If you were injured in a car accident caused by a state police officer’s negligent driving, you could take him to court. Government agencies can be held liable for injuries sustained on their premises under certain circumstances.

When Can You Sue the Government?

There are special laws that allow citizens to file claims against the federal, state, or local government. This means you can sue the government for damages caused by negligence or misbehavior of government offices and their employees. For the government to be held accountable, you must prove that there was harm caused by negligence.

What is Covered Under the Federal Tort Claims Act (FTCA)?

You cannot sue the government unless it has given you consent to do so due to the concept of “sovereign immunity”. Nonetheless, the Federal Tort Claims Act (FTCA) allows citizens to sue the government with specific lawsuits. If you believe you have a valid claim for negligence, you may file a complaint under the FTCA.

How to File an Administrative Claim?

If you wish to file a complaint under the FTCA, you must file an administrative claim with the correct federal agency. For example, if you slipped and fell on the premises of a public school, you need to file your claim with the Department of Education. Follow these steps to file an administrative claim:

How to Sue the Government with DoNotPay

Having completed all the steps of an administrative claim means that you have already “exhausted your administrative remedies”. When this happens, you are eligible to file a lawsuit in court to pursue damages from the government.

Who Else Can DoNotPay Sue?

Just when you thought suing the government is a daunting process, think again. We have been helping our users sue big corporations and also their noisy next-door neighbors. Here are some of the companies that we have helped sued: