The federal government is generally immune from civil liability as a result of the acts of it employees, agents, agencies within the scope of performing governmental functions. This means that a citizen cannot sue the government for negligence for any personal tort such as assault, battery, theft, false imprisonment or slander unless the federal government specifically waives its immunity. This immunity stems from rights afforded under the United States Constitution. However, the United States Congress has enacted what is know as the Federal Tort Claims Act to provide limited exceptions to the general rule to sovereign immunity. Under the Federal Tort Claims Act a citizen, federal employee, or other entity may sue the Federal Government or any agent of it in certain limited situations. The government is never liable for punitive damages. Further, most of the dignitary or economic only tort such as assault, battery, false imprisonment, malicious prosecution, abuse of process, libel, slander and misrepresentation are all areas of the law in which the government is immune from civil liability. Further, any discretionary acts, or acts done, on behalf of the government which stem from policy, are also immune from civil liability.

Therefore, a private person needs to first determine if they can pursue an accident claim against the Federal Government. If you, a love one, or friends have suffered injury caused by the United States government, you may have a valid injury claim and entitled to compensation, but there are  important legal, factual and evidentiary matters to be considered.

• Was the government employee or agent on the job when the accident occurred?

• Was the government employee or agent in the scope of his job when the accident or incident occurred?

• Was the action taken by the government employee intentional, or negligent?

• Did you volunteer to submit to any tests, investigations or statements after the accident or incident occurred?

• Was the victim of the incident or accident an employee or agent of the government?

• Was the victim a son, daughter, sister, brother, spouse or parent of a federal employee?

• Were you treated by a government, military or private medical healthcare provider?

• Were any pictures, photographs, videotapes or statements taken or made after the incident?

• What person have direct personal knowledge of the facts underlying your potential claim?

It is important that an experienced legal team evaluate all accidents. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved are injured in an accident, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.