How to Sue the Federal Government

Most of the time, when you file a lawsuit in civil court like a personal injury case, you will file against another private party, such as an individual or company. However, there are times when the government is responsible for causing you harm – including the federal government.

Suing the federal government can be a complex and daunting process. If you’ve been injured due to the negligence or misconduct of a government agency or employee, you may be entitled to compensation. However, taking on the federal government can be challenging without the guidance of a skilled injury lawyer.

If you need to file a lawsuit against the federal government, it’s essential to follow these steps:

1. Submit a Notice of Claim: You must submit a Notice of Claim to the federal agency responsible for the incident within two years of its occurrence. Standard Form 95 is commonly used for this purpose.
2. Await the Agency’s Response: The federal agency has six months to review your claim. During this time, they may choose to resolve the issue without requiring further legal action.
3. Proceed with a Lawsuit: If no action is taken or a settlement isn’t reached, you can file a lawsuit in the U.S. District Court located in the jurisdiction where the incident happened.

At Burger Law, our St. Louis personal injury attorneys have the experience to help you pursue a successful lawsuit against the federal government if their actions or the actions of their representatives have caused you harm. Contact us at (314) 500-HURT or visit our website to learn more.

Understanding Sovereign Immunity

Before getting into the process of suing the federal government, we’ll briefly touch on the concept of sovereign immunity. Sovereign immunity is a legal doctrine that protects the government from being sued without its consent. This doctrine can make it difficult for individuals to hold the government accountable for their injuries. 

However, there are exceptions to sovereign immunity that allow individuals to bring lawsuits against the federal government under certain circumstances. Never assume you are out of luck; always allow our St. Louis injury lawyers to assess your options. 

“I’ve dedicated my entire life to helping our clients receive full compensation for their injuries.”

Schedule a free case evaluation here.

Gary Burger

Litigation attorney

Exceptions to Sovereign Immunity

There are several exceptions to sovereign immunity that may apply in cases involving injuries caused by the federal government. These exceptions include the following.

Understanding Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) provides the primary legal pathway for suing the federal government. It allows individuals to seek compensation for injuries caused by the negligence or wrongful actions of federal employees acting within the scope of their duties. However, the FTCA comes with limitations, as it only applies to specific types of harm and includes numerous exceptions.

Medical Malpractice Claims Against Federal Agencies

If you’ve been injured as a result of medical malpractice in a federal hospital or clinic, you may be able to bring a medical malpractice claim against the federal agency responsible. These claims follow a different process than typical medical malpractice claims and often have shorter deadlines. 

Bivens Actions

Bivens actions allow individuals to sue federal officials for violations of their constitutional rights. These claims are typically filed in cases where the government violates an individual’s civil liberties, such as cases involving excessive use of force by law enforcement officers. Successfully pursuing a Bivens action requires a thorough understanding of constitutional law and the legal procedures involved.

Work with a Skilled St. Louis Injury Lawyer

If you or a loved one has been injured due to the negligence or misconduct of the federal government, don’t hesitate to call Burger Law at (314) 500-HURT or contact us online. Our team of dedicated St. Louis injury lawyers is ready to guide you through the legal process and help you seek the compensation you deserve. Don’t let the complexities of suing the federal government discourage you from seeking justice. Contact Burger Law today.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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