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:

  • $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.

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.