If you have suffered a personal injury which was caused by someone else's negligence, an intentional wrong or by a company's defective product an attorney who specializes in personal injury law may be able to help answer your questions and file your personal injury case. If you have been injured, taking immediate action can ensure that you do not lose the opportunity to file an injury claim and receive compensation or payment for your loss. Hopefully this article helps you understand your questions like, "how do i file a personal injury claim" and more. If you have more questions, please visit our accident and injury questions page.
You may be entitled to file a personal injury claim against that person and recover damages for the following:
Immediate Actions to Take After a Personal Injury:
The length of time you have to file a personal injury claim is called the statute of limitations. The statute of limitations will vary depending on the type of case and the personal injury laws of your state. Talk to a personal injury lawyer for more information about state law. Filing within the statute of limitations is very important; failing to do so may eliminate your right to recover payment for your personal injuries.
Suing the Federal Government for injury caused by the negligent conduct of a Federal Agency or employee will not be as easy as filing a personal injury lawsuit against a private citizen, but certain lawsuits may be brought against federal employees under the Federal Tort Claims Act (FTCA).
What is FTCA?
FTCA was created to allow for injured parties to receive monetary compensation for death, property loss or personal injury which was "caused by the negligent or wrongful act or omission of any employee of the Government." There are many steps to filing an injury claim against the Federal Government and there are strict time limits. The first step is to file an "administrative claim" with the appropriate federal agency.
Specific requirements are numerous, but generally include the following:
All FTCA administrative claims must be filed within two years from the date of the injury.
Most claims must be filed first with the appropriate federal agency. The proper forms must be submitted with your administrative claim and you must provide sufficient facts to support your case as well as the amount of money you are seeking to recover.
The federal agency will review your administrative claim within 6 months and make a ruling.
If the federal agency rules in your favor and admits your claim, you do not have to go to court but will receive the compensation you were requesting.
If the case is denied by the federal agency and you are not paid the requested damages, you have 6 months from the date of their decision to file your injury lawsuit. Do not wait to file your claim or you may lose your chance for compensation.
If the federal agency has not made a ruling within 6 months, you can either choose to file a personal injury lawsuit in court or you can continue to wait for the ruling. The time limit to file a lawsuit will not expire until the agency has made a ruling.
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