San Bernardino Attorney can help you sue the Government?
In some instances, individuals may be able to sue the government. It is often possible to sue for government actions that put civilians at risk, and for injuries and death resulting from those actions or accidents under the Federal Tort Claims Act. If you or a loved one has been injured by actions of the government, it’s important to contact a personal injury lawyer as soon as possible. At Welebir Tierney & Weck, we have been helping clients in the Southern California area with personal injury cases of all types for more than four decades, and we can help you fight for justice.
What is the Federal Tort Claims Act?
The Federal Tort Claims Act of FTCA, is a 1948 statute enacted by the U.S. Congress. This act allows private parties to sue the United States government in a federal court. The act covers most torts committed by parties who are acting for or on behalf of the U.S. government. There is limited liability in the act, however. It states that it is limited to “circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred”. A number of exceptions, such as claims based on performance, failure to perform a discretionary function, and a number of other intentional torts exist. With the complexity of these types of cases, it is important to have a qualified and experienced lawyer helping you with your case.
For those who are in the military, the Supreme Court limits the use of the FTCA under the Feres Doctrine.
What is the Feres Doctrine?
The Feres Doctrine, from Feres vs. United States, rules that the U.S. is not liable under the Federal Tort Claims Act for injuries sustained on active duty. Some exceptions to the doctrine exist though, and in some cases, active duty military have been allowed to sue for injuries sustained when the court finds that the same circumstances would have injured a civilian in the same manner. Our lawyers will be able to let you know if you have a case against the government.
Military Medical Malpractice
As with civilian hospitals, the possibility of malpractice leading to injury or wrongful death is a possibility. Family members of those in the military, as well as retired personnel may be the victim of hospital negligence or malpractice. In many of these instances, they have a legal right and ability to sue the government for damages due to the injuries they have suffered. It is also possible for veterans and their family members to sue the Veteran’s Administration (VA) for injuries and negligence occurring at the VA hospital.
Welebir Tierney & Weck Have Experience
We have been offering legal services for more than 40 years to those who are in the Southern California area. A large number of former and active duty military personnel and their families live in the region around the Inland Empire, and we have represented many of them. If you have suffered an injury, it’s time to contact our offices. Your initial consultation is free, and you will not have to pay any legal fees unless you win money in your case.