Tort Cases Against the Government

Sometimes an accident, or other negligence, is caused by a governement employee who is operating within the scope of his or her employment. Whether it's a federal employee, employee of the District of Columbia, Maryland, Virginia, a local city, or a county in the metroplitain area, a claim for negligence may be successfully made by a victim. Of course, the negligence may also be attributed to a particular government as a whole, as opposed to an individual employee; such as when the governement in question was put on notice of a hazard and failed to repair or warn of the danger.

The standard may vary depending on the action being taken by the government. For example, if an ambulance in Washington, D.C. is speeding down the road and rear-ends another car, it is incumbent upon the claimant to demonstrate that the driver of the ambulance was "grossly negligent" as opposed to simply "negligent", which carries a much more difficult burden to prove.

It is also imperative to keep in mind that notice of an injury claim against a governement entity requires very specific and formal notification, typically covered by statute. This notice is required, in most instances, well in advance of the statute of limitations.

Attorney fees in tort cases against the federal government are limited to 20% of the gross recovery if the case is settled prior to litigation, and 25% if the case is litigated. See 28 USC section 2678.

As in all personal injury matters, it is strongly urged that you promptly contact experienced personal injury lawyer Roger Gelb directly.