Missouri - St. Louis County & Florissant Governmental Liability Lawyers
Florissant Federal Tort Claims Act attorneys & Florissant Missouri Governmental Liability attorneys serve Florissant residents injured by government actions to ensure that they receive quality legal representation in their claims against the government. If you find yourself facing off against the government, a Florissant government lawsuit lawyer can help you get the compensation you deserve, whether your claim is against the Missouri state government or the federal government.
Missouri Tort Claims Act Lawyers - Government Liability Lawyers Serving Florissant Residents Injured by the State or Municipal Government
An old Latin adage advises “Rex non potest peccare,” or, in English, “The King can do no wrong.” This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Since every state in the United States—with the notable exception of Louisiana—adopted the English common law, it was also historically impossible for a Florissant, Missouri resident or any other Missouri citizen to sue the City of Florissant, St. Louis County, or the State of Missouri. In other words, no government liability existed whatsoever.
Of course, much has changed since our country’s modest beginnings. Missouri now allows the public to sue government entities in some cases. Through a complicated series of court rulings and legislative actions, Missouri has allowed lawsuits in cases where an injury was caused by a government owned vehicle or government owned property. The specific rules in this field of law are complicated and always changing, so it is important that you speak to a Missouri Governmental Liability Attorney as soon as possible.
Cases against Missouri government entities are limited to a certain amount of money. This amount changes every year, but can be found on the Missouri Department of Insurance, Financial Institutions & Professional Registration web site. In 2011, the amount is $381,759 per person in an accident, up to $2,545,062 total for all people injured in that accident.
Federal Tort Claims Act Lawyer - Serving Florissant Residents Injured by the Federal Government
Just like Missouri, 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 Florissant resident, that person would likely seek damages from the federal government to compensate them for their injuries. This is just one example of a myriad of ways in which the issue of federal government liability arose over the years. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA is similar in nature to the Missouri Tort Claims Act; however, there are some key differences.
Prior to filing suit under the FTCA, a claimant must present his or her claim to the federal agency out of whose activities the claim arises. 28 U.S.C. § 2675.
This must be done within two years after the claim accrues. 28 U.S.C. § 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. §§ 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. § 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. § 2678.
- 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. § 2412(b).
Exceptions to the FTCA
There are three (3) main exceptions to the FTCA. They are:
- The Feres doctrine. This doctrine prohibits lawsuits by military personnel for injuries sustained “incident to service.”
- The discretionary function exception.
- The intentional tort exception.
A Florissant government liability lawyer can explain these exceptions to you in greater detail.
Who can seek recovery under the FTCA?
The FTCA applies to many government employees that are injured. For example, postal workers in Florissant are often injured and seek the help and advice of Florissant Postal Service injury lawyers. A variety of other government employees and private residents of the Florissant and St. Louis County, Missouri areas may also be injured by actions of either the federal, state, or municipal government. 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 Florissant governmental liability lawyers on this page for a consultation regarding your right to recovery.
To read the full text of the Federal Tort Claims Act, click here.
To read the full text of the Missouri Tort Claims Act, click here.
Personal Injury Attorneys Serve Florissant and Surrounding Cities
Serving clients throughout Eastern Missouri, including Affton, Alton, Ballwin, Belleville, Cape Girardeau, Carbondale, Charleston, Chesterfield, Collinsville, Columbia, Dardenne, East St. Louis, Edwardsville, Ellisville, Eureka, Ferguson, Florissant, Granite City, Jefferson City, Kirkwood, Lake St. Louis, Maryland Heights, Mehlville, Murphy, Oakville, O'Fallon, Quincy, Spanish Lake, Springfield, St. Ann, St. John, St. Louis, St. Peters, Troy, University City, Waterloo, Webster Grove, Weldon Spring, Wildwood, areas in the vicinity of BNSF-St. Louis, Boeing, CSX-East St. Louis, Ford Motor Assembly Plant, Lambert-St. Louis International Airport, NS-St. Louis, Scott Air Force Base, Spirit of St. Louis Airport, UP-St. Louis, and other communities in St. Louis County.
Rest assured that a St. Louis County government liability attorney will be familiar with both federal and state laws and will have the expertise necessary to aggressively pursue your claim and get you the financial recovery you deserve. Contact one of the qualified Florissant torts claims act lawyers on this site today.