Lafayette Federal Tort Claims Act Lawyer | Lafayette Lawyers Sue the Federal Government

Lafayette Governmental Liability Attorneys | Lafayette Federal Tort Claims Act Lawyer

Federal Tort Claims Act Lawyer - Serving Louisiana Residents Injured by the Federal Government

Just like Louisiana, the Federal Government traditionally enjoyed sovereign immunity, and therefore those injured by actions of the federal government could not sue to recover damages. However, the federal government was the largest employer in the United States and many injured employees of the federal government needed compensation for their injuries. In addition, many people not employed by the federal government were also being injured by it and they too needed compensation. For example, if a federal government employee was negligently driving a car and injured a Lafayette resident, that person would likely need to seek damages from the federal government to compensate them for their injuries. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA differs from the Louisiana Government tort claims act, but works the same way no matter what state you sue in.

  • Prior to filing suit under the FTCA, a claimant must present his claim to the federal agency out of whose activities the claim arises. 28 U.S.C. Sec. 2675;
  • This must be done within two years after the claim accrues. 28 U.S.C. Sec. 2401.14;
  • If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C. Sections 2401, 2675;
  • No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim; 
  • Suits under the FTCA are tried without a jury. 28 U.S.C. Section 2402;
  • An agency may not settle a claim for more than $25,000 without the prior written approval of the Attorney General or his designee;
  • United States attorneys are authorized to settle claims in amounts up to $1 million;
  • Attorneys who represent claimants under the FTCA may not charge claimants more than 25 percent of a court award or a settlement made by the Attorney General or his designee after suit is filed, or more than 20 percent of a settlement made by the agency with whom a claim is filed. 28 U.S.C. Section 2678; and
  • A court may not order the United States to pay a claimant's attorneys' fees unless the court finds the United States to have acted in bad faith. 28 U.S.C. Sec. 2412(b).

The FTCA applies to many government employees that are injured. For examp le, postal workers in Lafayette are often injured and seek the help and advice of Lafayette Postal Service injury lawyers. If you, or a loved one, has suffered an injury due to the negligence of the government, or while on the job as a government employee, call one of the Lafayette governmental liability lawyers on this page for a consultation.

The following Federal Courts are both places where one might suffer an injury under the FTCA, and the courts where FTCA claims would be handled by Lafayette Federal Tort Claims Act Lawyers:

The Western District of Louisiana - Lafayette Division

Main Office - Shreveport
Suite 1167
300 Fannin Street, Shreveport, LA 71101
(318) 676-4273

Divisional Office - Lafayette
800 Lafayette Street, Suite 2100
Lafayette LA 70501
(337) 593-5000
Other Federal buildings and organizations in the Lafayette area include:
Lafayette VA Clinic
2100 Jefferson Street
Lafayette, LA 70501
Phone: (337) 261-0734
Fax: (337) 261-5471
United States Attorney's Office
Western District of Louisiana

800 Lafayette Street, Suite 2200
Lafayette, LA 70501
(337) 262-6618
Toll Free: (800) 676-6992

If you have experienced a civil rights violation, the local chapter of the American Civil Liberties Union may be able to help:

ACLU of Louisiana
P.O. Box 56157
New Orleans, LA 70156
(504) 522-0617


Section 2671. Definitions

Section 2672. Administrative adjustment of claims
Section 2673. Reports to Congress
Section 2674. Liability of United States

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.

Section 2675. Disposition by federal agency as prerequisite; evidence
Section 2676. Judgment as bar
Section 2677. Compromise
Section 2678. Attorney fees; penalty
Section 2679. Exclusiveness of remedy
Section 2680. Exceptions

Lafayette, LA Governmental Liability Lawyers can help you in your claim against the government.

Read the Louisiana Tort Claims Act. Read an overview of Lafayette Government Liability Lawyers.

Contact a Lafayette Governmental Liability Attorney NOW to preserve your rights!

Serving clients throughout Southern Louisiana, including Alexandria, Broussard, Cankton, Carencro, Duson, Lafayette, Larabee, Long Bridge, Maurice, Milton, Mire, Monroe, Morgan City, New Iberia, Scott, St. Martinville, Youngsville, and other communities in Lafayette Parish