Federal Tort Claims Act

Should you slip and fall at the post office, or become injured in any other federally owned building, you may be able to seek monetary damages for your pain and suffering. Under Illinois state and federal labor laws, federal employees have a responsibility to prevent any hazards that may harm citizens, while on duty. Should a federal employee neglect to fulfill his or her responsibility to prevent harmful hazards, he or she can be found negligent, if a citizen becomes injured.

In order to file a federal tort claim and seek compensation, you must demonstrate:

  • You were injured, or your property was damaged by a federal government employee,
  • The federal government employee was not acting within the scope of his official duties, or
  • The federal government employee was acting negligently or wrongfully

Federal tort claims differ from other civil suits because they are tried in a federal court, and are presented before a judge only - rather than before a judge and jury - in a procedure known as a bench trial. Because of the enormous difference between these two types of trials, it is critical that the prosecuting attorney have experience with the bench trial process.

Illinois Law

Under Illinois premises liability law, if you become injured on privately or federally owned property and the employee of the establishment is at fault, you have the privilege of seeking compensation for your injuries. For example, if an employee neglects maintain a safe and hazardous-free environment, and you become injured, you may a have case for a federal tort claim sue if you sustained injuries.

Examples of public hazards include:

  • Broken objects,
  • Broken or missing hand rails
  • Poorly lit walking areas,
  • Slippery or wet floors, and
  • Torn carpeting,

At Levin & Perconti, our attorneys have successfully handled numerous cases involving injuries to minors and children and recovered millions of dollars in verdicts and settlements for our clients, including:

  • $11.5 million FTCA settlement for a child born at the U.S. Naval Hospital in Guam who suffered a catastrophic hypoxic-ischemic brain injury as a result of a negligent neonatal resuscitation and intubation.
  • $7 million jury trial verdict to the family of a Vietnam War veteran with a history of post-traumatic stress, who tragically died after a PTSD episode during an ambulance transfer between hospitals
  • $6.5 million for a child who suffered a brain injury due to a hospital’s failure to provide appropriately trained health care providers to perform a neonatal resuscitation.
  • $6.2 million bench trial verdict in favor of a 61 year old veteran who suffered an arterial injury during a Hines VA hospital procedure, and consequently had a stroke which left him with extensive medical needs.
  • $5.77 million Federal Tort Claims Act bench trial verdict by a federal judge for a woman who became paralyzed as a result of a Veterans Administration physician's failure to recognize worsening neurological symptoms and perform a necessary surgery to relieve spinal cord compression.
  • Chicago Daily Law Bulletin article March 2003
  • Chicago Daily Law Bulletin article April 2003
  • $3.5 million settlement in this Federal Tort Claims Act case for a veteran who was paralyzed as a result of Veterans Administration physicians' failure to recognize and treat a spinal epidural abscess.
  • $1.1 million to a 62 year old Vietnam War veteran with complications of Agent Orange exposure, who developed a serious pressure sore in a nursing facility
  • $1 million to a 72 year old Korean War veteran whose lung cancer went undiagnosed for a year, despite regular visits to a VA medical center

If you believe that you have a case for a federal tort claim, you should take action as quickly as possible. Statutes of limitations do exist, and they vary from case to case. Please contact one of our attorneys at 877-374-1417 or 312-332-2872 or via our quick contact form. We will gladly review the details of your situation and consult with you on the best course of action. There is absolutely NO FEE for a consultation and no obligation of any kind.

Margaret, Daisy and Bryan. This magnificent cohesive team led by Margaret represented us for my mom's nursing home wrongful death case. They were most patient and responded timely to many questions throughout the entire process. All demonstrated professionalism and extensive knowledge of case and state laws. Their in-depth investigative work uncovered details which were unknown to us and yet sadly confirmed our suspicions. We would recommend the Levin and Perconti Law firm and especially this team. Kathy and Ron
Mr. Levin, Mr. Perconti and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us. W.R., Medical Malpractice Client
Our deepest appreciation to the law firm of Levin & Perconti, and in particular to Margaret Battersby Black, in the handling of the lawsuit we field n behalf of our sister who sustained life-threatening injuries as a nursing home resident. Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true. D.G., Nursing Home Client
I want to send my heartfelt thanks to John Perconti and the Levin & Perconti staff in taking our case. Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf. M.R.Z., nursing home client
Mr. Levin, Mr. Perconti, and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude. W.R., medical malpractice client