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The
Federal Tort Claims Act |
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Under the
doctrine of sovereign immunity, the federal government cannot be sued
without its permission. The Federal Tort Claims Act (FTCA) is a federal
law that waives the federal government's sovereign immunity under
certain circumstances. |
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| Applicability |
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The FTCA
applies to claims for property damage, personal injury, and wrongful
death caused by the negligence of a federal government employee who is
acting within the scope of his or her employment, under circumstances
where a private person would be liable under state law. |
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Exclusivity |
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The FTCA is
the exclusive remedy for a person who wishes to file a personal injury
action against the federal government. |
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Notice
of Claim |
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Under the
FTCA, a person must give written notice of his personal injury claim to
the government agency that is allegedly responsible for the injury. The
notice of claim must be given before a lawsuit is filed and within two
years after the injury. A notice of claim is a prerequisite to a
personal injury action against the federal government. If no notice of
claim has been given, a court will dismiss the action. A
plaintiff may file a personal injury action against the federal
government within six months after the claim is denied, or six months
after the notice of claim is given if the agency fails to act on the
claim. |
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Remedies |
| A plaintiff
may recover only money damages under the FTCA. Punitive damages are not
available under the FTCA. |
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Copyright
2007 LexisNexis, a division of Reed Elsevier Inc. |