At Glover Luck LLP, we help military dependents and retirees submit claims and request recovery for conditions that were the result of malpractice by military or government healthcare providers. While most active duty personnel cannot sue the government for malpractice by military doctors, they can file a claim on behalf of their children or dependents. If you are one of the many people who are eligible to receive healthcare through a federal facility, you should be informed about your rights in case you become the victim of medical malpractice or government negligence. If you want to know more about this, contact our Texas FTCA lawyer as soon as possible. We are ready to provide you with guidance.
What Are FTCA Cases?
FTCA cases refer to claims brought under the Federal Tort Claims Act, a law that allows individuals to hold the United States government responsible for certain actions by federal employees. In most situations, if someone working for the federal government causes harm while performing their job duties, the FTCA provides a path for the injured person to seek compensation. These cases are handled differently from claims against private individuals or businesses, and the process involves specific rules and deadlines. Your Texas FTCA lawyer from our firm can help you if you believe you have a case.
When FTCA Applies
The FTCA applies when someone is injured due to the negligence or wrongful act of a federal employee. The act only covers conduct that happens within the scope of the person’s job duties. This means that if a government worker causes harm while doing something outside of their official responsibilities, the FTCA may not apply. It’s also important to know that independent contractors working with the government are typically not covered under this law.
Many FTCA claims involve federal agencies like the Department of Veterans Affairs, the U.S. Postal Service, or federal health facilities. For example, if a patient is injured at a VA hospital because of a medical mistake, the claim may fall under the FTCA. Car accidents involving government vehicles and slip-and-fall incidents at federal buildings are other situations that may give rise to these types of cases.
Process And Timing Requirements
Filing a claim under the FTCA begins with a formal administrative process. Before going to court, the injured person must file a Standard Form 95 with the appropriate federal agency, providing details of the injury and the amount of damages being claimed. The agency then has six months to respond. If the agency denies the claim or does not act within that time, the individual may then file a lawsuit in federal court.
There are strict time limits involved. In most cases, the injured person has two years from the date of the incident to file the administrative claim. Once the claim is denied or unresolved, the lawsuit must be filed within six months. Missing these deadlines can prevent the claim from moving forward.
Differences From Other Personal Injury Cases
Unlike lawsuits involving private parties, FTCA cases are handled in federal court, and there is no right to a jury trial. A judge makes the final decision. There are also limitations on what damages can be awarded. For instance, punitive damages are not allowed under the FTCA, even in serious injury cases. Additionally, certain types of government conduct—like discretionary actions or military combat decisions—are immune from suit.
Working with a Texas FTCA lawyer can help clarify whether the government can be held responsible in a specific case. These cases often require careful attention to detail, including gathering records, meeting deadlines, and identifying whether the claim meets all FTCA conditions.
If you’ve been injured and believe a federal agency or employee was at fault, it’s important to speak with someone who understands these cases. At Glover Luck LLP, we help clients across the state assess their options and pursue valid claims. Contact us today to speak with a Texas FTCA lawyer who can help protect your rights and guide you through each step of the process.
Types Of Claims We Can Handle
The FTCA is a complex law, and you may need insight on how to proceed. If you believe you have become the victim of medical malpractice from a federal healthcare provider, we suggest seeking advice from our FTCA attorney immediately. Your claim has to be filed within two years from the date you observed your condition or through reasonable diligence that you should have been aware of the negligence. This two year duration is called the statute of limitations. You must ask for a specific dollar amount and if your claim does not have this sum certain, our FTCA attorney knows that it may be deemed invalid. If your claim is not received by the government within this timeframe, you are essentially eliminating your right to submit a claim for monetary damages. As our Texas TCA lawyer explains, examples of medical malpractice cases we can handle include:
- Cerebral palsy
- Birth injury
- Wrongful death
- Meningitis diagnosis delay
- Misdiagnosis of cancer
- Surgical errors
- Pediatric malpractice
- Medical or pharmacy errors
- Orthopedic malpractice
- Cardiology
- Infection diseases
- Stillborn baby
- Group B beta strep
- Newborn screening
- Failure to identify/treat newborn jaundice
- Paraplegia or quadriplegia
How To Initiate Your Lawsuit
If your claim has been filed within the statute of limitations period, then by law the agency has six months from the claim file date to investigate and conclude a settlement. If the government has not taken action on your claim and the six month administrative deadline has expired, you may view this inaction as a denial. Then, you are entitled to initiate a lawsuit against the United States in Federal District Court. Those who are not satisfied with the final administrative action have six months from the certified letter date to file a lawsuit. For more details, reach out to our FTCA attorney today.
Glover Luck LLP
If you would like to talk with our team about a FTCA matter, contact us to schedule an appointment. Our Texas FTCA lawyer is committed to advocating for your veterans rights. We can pursue every option available to get you the compensation you deserve for your injury claim. When medical malpractice or negligence happens under the care of a federally-employed facility, it’s time to speak with a legal team. At Glover Luck LLP, we are ready to get to work as soon as we hear from you. We hope to offer support today.
Common Reasons For Filing An FTCA Claim
The Federal Tort Claims Act (FTCA) provides a way for individuals to hold the federal government accountable when harm occurs due to negligence by federal employees or agencies. A Texas FTCA lawyer can be of assistance for these types of cases. While every case is different, there are several common reasons why people pursue these claims. Below, we highlight situations where filing under the FTCA may be appropriate.
- Medical malpractice in federal facilities
One of the most frequent reasons for filing an FTCA claim is medical malpractice in a federally run hospital or clinic, including VA facilities. Patients may experience harm due to surgical errors, delayed diagnoses, or improper treatment. When this occurs, the FTCA provides a way to pursue accountability and compensation. - Injuries caused on federal property
Slip-and-fall accidents, unsafe conditions, or poorly maintained areas within federal buildings and property can lead to serious injuries. In these cases, the government may be held liable for failing to maintain safe environments. - Vehicle accidents involving federal employees
When federal employees cause vehicle accidents while performing their official duties, injured parties may file an FTCA claim. This often includes collisions involving mail trucks, government vehicles, or military personnel driving under government orders. - Negligence in correctional facilities
Individuals housed in federal prisons may file claims if they suffer harm due to unsafe conditions, lack of medical care, or misconduct by prison staff. These claims fall under the FTCA when negligence is linked to federal employees. A Texas FTCA lawyer can help to prove negligence in these types of cases. - Errors in military or veterans’ healthcare
While active-duty service members are generally restricted from filing, veterans receiving care at VA hospitals may pursue claims for negligence in their medical treatment. This is a common reason for filing and often requires detailed medical records and review. - Improper supervision or training of federal employees
When an agency fails to properly train or supervise its staff, resulting in injury to others, this can also lead to liability under the FTCA. Poor oversight may result in mistakes that directly impact public safety. - Property damage caused by federal employees
In addition to personal injuries, FTCA claims can also cover property damage. If federal workers cause damage to personal property while carrying out their duties, individuals may be able to file a claim for recovery. - Wrongful death claims
Families may pursue FTCA claims if a loved one dies due to negligence by federal employees. These cases can arise from medical malpractice, accidents on federal property, or other negligent actions.
At Glover Luck LLP, we understand the challenges that come with filing claims against the government. Each case requires careful preparation, from collecting evidence to meeting strict deadlines. For those considering this process, having support can make a meaningful difference.
If you are thinking about filing a claim and want to work with a Texas FTCA lawyer, we encourage you to reach out to us. Together, we can review your situation, explain your options, and take the steps necessary to protect your rights.
What Are The Most Common Mistakes People Make When Filing An FTCA Claim
Filing a claim under the Federal Tort Claims Act (FTCA) can be confusing if we’re unfamiliar with how the process works. The FTCA allows individuals to seek compensation when injured due to the negligence of a federal employee or agency. However, even small filing mistakes can cause significant setbacks or lead to the claim being denied. By knowing the most common errors people make, we can take steps to file correctly and protect our right to fair compensation. Working with a Texas FTCA lawyer can make it easier to avoid issues that often affect these claims.
Missing The Filing Deadline
One of the most common mistakes in FTCA cases is missing the strict filing deadlines. We have two years from the date of the incident to file an administrative claim with the appropriate federal agency. If we fail to meet this deadline, the government can reject the claim completely. After submitting the claim, the agency has six months to respond before we can take the case to court. Keeping track of these time limits is critical to maintaining our legal right to recovery. Filing early allows time to gather records and address any errors that might arise during the process.
Filing The Claim With The Wrong Agency
Another common error occurs when people send their FTCA claim to the wrong federal agency. Each claim must be filed directly with the agency responsible for the negligent act. For example, a claim involving a Veterans Affairs hospital should go to the Department of Veterans Affairs, not a different department. If the claim is sent to the wrong place, it may eventually be forwarded to the correct agency, but this process wastes valuable time. Submitting the claim to the proper agency from the start helps us stay within the filing deadline and avoid unnecessary delays.
Leaving Out Important Information
An incomplete or inaccurate claim form is another mistake that can lead to problems. The Standard Form 95 must include key details such as the incident date, description, and the specific amount of money being requested. Leaving out a dollar amount or failing to describe the injury clearly can cause the claim to be rejected. Supporting documents—like medical bills, accident reports, and witness statements—strengthen the claim. A lawyer can help confirm that all the required information is included before submission, reducing the risk of technical denials.
Accepting An Early Settlement Offer Without Review
Federal agencies may sometimes offer early settlements to close cases quickly. While this might sound appealing, accepting too soon can limit the compensation we receive. Once a settlement is signed, we give up the right to pursue additional payment for future expenses such as ongoing medical care or loss of income. Reviewing the full scope of damages before agreeing to a settlement is critical. Consulting with a Texas FTCA lawyer helps us evaluate whether the offer truly reflects the losses we’ve experienced.
Filing a claim under the FTCA requires careful attention to detail and an understanding of how government procedures work. Small mistakes can cause significant delays or even disqualification. At Glover Luck LLP, we help clients handle each step of the process with accuracy and confidence, building stronger claims that reflect their injuries and losses. If we’re considering filing an FTCA claim, reaching out to a knowledgeable Texas FTCA lawyer can help us take the right steps toward fair compensation and a successful resolution.
Texas FTCA Infographic
FTCA Lawyer FAQs
Our Texas FTCA lawyer often speaks with people who are unsure about the process for bringing claims against federal agencies. Because the Federal Tort Claims Act has its own rules, we put together clear and direct answers to common questions. Our goal is to help people understand how these claims work and what steps usually come next.
When Should We Consider Filing A Claim Under The Federal Tort Claims Act
We look at an FTCA claim when a person is harmed by the negligence of a federal employee who was acting within the scope of their duties. This often includes situations involving medical treatment at federal facilities, injuries on federal property, or harm caused by federal workers performing job-related tasks. Our Texas FTCA lawyer considers this path when the facts show that a private person would likely be held responsible under similar circumstances. Filing under the FTCA helps us pursue compensation directly from the United States rather than the individual employee.
What Types Of Situations Qualify For FTCA Claims
Several types of harm may qualify, but they all tie back to negligence by a federal employee. Common examples include medical errors at VA hospitals, vehicle incidents involving federal workers, property hazards at federal buildings, and failures by federal agencies to maintain safe conditions. Our Texas FTCA lawyer examines cases involving federal law enforcement issues if the facts point toward misconduct that caused injury. While the FTCA offers a path to compensation, each case must fit the statute’s specific criteria, and we take time to review the details carefully.
How Long Do We Have To File An FTCA Claim
Time limits matter. We must submit an administrative claim within two years of the incident. This step is mandatory before any lawsuit can be considered. Once the agency receives the claim, it has six months to respond. If the agency denies it or does not act, we may then file suit in federal court. Because the deadlines are strict, we start gathering records, witness information, and documentation as early as possible so we do not lose the chance to recover damages.
What Steps Are Involved Before An FTCA Lawsuit Can Move Forward
The FTCA requires us to file an administrative claim first, using the appropriate federal form and including a specific damages amount. We gather evidence that supports the claim, such as medical records, incident reports, photographs, and statements. After the claim is submitted, the agency investigates. Some claims resolve during this stage if the agency accepts responsibility. If not, we may proceed to federal court after the six-month period expires or after a denial is issued. These steps are built into the process, so we stay disciplined and thorough from the beginning.
What Damages Can We Seek In An FTCA Claim
Our skilled legal professionals can pursue compensation for medical expenses, pain and suffering, lost income, and other economic and non-economic losses that stem from the incident. The damages available generally follow the rules of the state where the harm occurred. We work through the records with care to present a clear picture of the losses. Although punitive damages are not allowed under the FTCA, we can seek recovery that reflects the real impact the incident has had on the person and their family.
Discuss Your Next Steps
At Glover Luck LLP, we approach FTCA claims with clear planning and steady communication so the people we serve understand each stage of the process. If you would like support with an FTCA matter, contact us for a free consultation. Together, we can walk through your situation and discuss the next steps.
