Government Liability

The Federal Government has established special laws and rules for recovery in damage claims against the United States and its agents and employees. These cases are filed in federal district court and are defended by the civil division of the United States attorney’s office. The growth of the federal government results in more claims for injury against citizens every year. These claims can arise from motor vehicle collisions to medical negligence by military hospitals and doctors.

The Federal Tort Claims Act [FTCA] controls all aspects of these claims from who can be sued, to the process for bringing a claim and lawsuit through the procedure to be followed in federal court and the damages that can be recovered. An example is that a FTCA claim is tried before a federal judge without a jury. Hill and Bleiberg recovered a record settlement resulting from a brain injury after the near drowning of a child at a pool at the Fort Gordon Georgia military base near Augusta under the FTCA.

State government liability can involve the State of Georgia, counties, cities, state authorities (World Congress Authority or the Savannah Port Authority), and state agencies or employees (Department of Transportation). Actions against any of these government entities involve special rules affecting liability, damages and procedure and even when, where and how lawsuits must be filed. The Georgia Tort Claims Act permits suit against the State of Georgia under certain circumstances but there are different rules where cities and counties are involved. Experienced legal review is an absolute necessity when considering a claim against a federal, state or local government body.