29 Sep 2022

87

The Federal Tort Claims Act (FTCA)

Format: APA

Academic level: Master’s

Paper type: Assignment

Words: 335

Pages: 1

Downloads: 0

The process and jurisdiction of courts concept that allows the government to be sued 

It is permitted to sue the government under the Federal Tort Claims Act (FTCA) upon damages in personal injury due to negligence (Jennings, 2014) . However, the process is more complex and trickier that when a private citizen is being sued. The first step involved in the process of suing the government is considering whether the suit is permitted under FTCA (Jennings, 2014) . The exceptions are negligence conducts outside the employment, and independent contractors hired by the government. The next step is filing the administrative claim with the government's agency blamed for the misconduct. Here, the personal injury attorney experienced in filing the complaint against the government can assist, or the government can provide a check-the-box claim form to be used (Meyer, 2013). The claim must be filed within two years of the injury and must contain detailed facts regarding the damages (Jennings, 2014)

After filing the claim, the agency is given the six months to respond under FTCA (Landis, 2017) . In this step, the agency can agree with the claim and pay for all the damages and injuries. Or the claim may be rejected, or the agency can refuse to compensate for all the damages that one deserves. When the agency rejects the case, there are another six months offered from the date of the agency decided for the complainant to file a lawsuit against the agency. If the agency fails to give the decision in six months, the complainant goes ahead and files the lawsuits (Meyer, 2013). 

It’s time to jumpstart your paper!

Delegate your assignment to our experts and they will do the rest.

Get custom essay

When the non-governmental defender is involved in the case, like in multi-party cases, the complainant should not consult the attorney regarding the civil suit or wait beyond six months to decide on filing the lawsuit (Jennings, 2014) . Instead, the complainant is supposed to file the civil lawsuit in the United States District Court where he/she lives or where the action happened. FTCA does not allow the suing of the government in state court. One must also not request for money more than what was in the administrative claim according to FTCA (Jennings, 2014)

References 

Jennings, M. M. (2014).  Business: Its legal, ethical, and global environment . Nelson Education. 

Landis, J. M. (2017).  The Business of the Supreme Court: A Study in the Federal Judicial System . Routledge. 

Meyer, R. (13 August 2013). Introduction to the American Judicial System. [Video File]. Retrieved from https://www.youtube.com/watch?v=wV3zBBdTN4w&feature=youtu.be 

Illustration
Cite this page

Select style:

Reference

StudyBounty. (2023, September 15). The Federal Tort Claims Act (FTCA).
https://studybounty.com/the-federal-tort-claims-act-ftca-assignment

illustration

Related essays

We post free essay examples for college on a regular basis. Stay in the know!

Cruel and Unusual Punishments

Since the beginning of society, human behaviour has remained to be explained by the social forces that take control. Be it negative or positive, the significance of social forces extend to explain the behaviour of...

Words: 1329

Pages: 5

Views: 104

Serial Killers Phenomena: The Predisposing Factors

CHAPTER 1: INTRODUCTION _Background information _ Ronald and Stephen Holmes in their article _Contemporary Perspective on Serial Murder_ define a serial killer as anyone who murders more than 3 people in a span...

Words: 3648

Pages: 14

Views: 441

Patent Protection Problem

A patent offers inventors the right for a limited period to prevent other people from using or sharing an invention without their authorization. When a patent right is granted to inventors, they are given a limited...

Words: 1707

Pages: 6

Views: 274

General Aspects of Nonprofit Organizations

Nonprofit organizations are prone to the long and tedious legal process of start-up as compared to their for-profit organizations. However, there are similar rules that govern the startup and the existence of both...

Words: 294

Pages: 1

Views: 72

Contract Performance, Breach, and Remedies: Contract Discharge

1\. State whether you conclude the Amended Warehouse Lease is enforceable by Guettinger, or alternatively, whether the Amended Warehouse Lease is null and void, and Smith, therefore, does not have to pay the full...

Words: 291

Pages: 1

Views: 134

US Customs Border Control

Introduction The United States Border Patrol is the federal security law enforcement agency with the task to protect America from illegal immigrants, terrorism and the weapons of mass destruction from entering...

Words: 1371

Pages: 7

Views: 117

illustration

Running out of time?

Entrust your assignment to proficient writers and receive TOP-quality paper before the deadline is over.

Illustration