Can I Sue the Federal Government?

[heir2him]

What is the name of your state (only U.S. law)? Tennessee

My father passed away last October and we were advised by an attorney in Tennessee that there is some type of law that keeps us from sueing the federal government because they have immunity. We have in writing from the Veterans Administration that it was the governments fault that my dad died from cancer because of their neglegance (spelling?) and I am wondering if it is possible to sue them or not. I cant see how that if we have that in writing that it cannot be used to make them pay for wrongful death or something. Can someone help us with an answer?

Thanks

 

[You Are Guilty]

It's possible, but there are a lot of rules you have to follow. Google "Federal Tort Claims Act" for a complete list.

 

[heir2him]

Can I Sue The Federal Government

When I read the Federal Tort Claims Act it did not make a lot of sense to me. Let me explain a little further and maybe that will help. When my dad was in the Army back in the 50's he was subjected to radiation when they were testing bombs in Nevada in the desert. He received a letter about 3 0r 4 months before he died from the Veterans Administration stating that they were at fault and they gave him his 100 percent disability and then he died 10-3-07. We have already had that one attorney that stated there was nothing that we could do but I just need a second opinion before our time runs out.

Thanks

 

[rpt3758]

When applied to the VA, the FTCA provides relief for any injury or loss of property or death caused by the negligent or wrongful act or omission of any VA employee while acting within the scope of their employment including but not limited to malpractice, neglect, physical or verbal patient abuse, intimidation, exploitation, wrongful discharge from a VA Hospital, Domiciliary or Nursing Home, or wrongful death while a Veteran is hospitalized or receiving treatment or examination provided by the VA, or while in a VA vocational rehabilitation or compensated work therapy activity or program.
The statute of limitations for bringing a claim under the FTCA is two years from the time a claimant learns of the injury's existence and cause. However, before a filing a complaint in Federal District Court, the FTCA requires that all claimants must first file an Administrative Tort Claim against the VA by filing Standard Form 95 at the VA facility where the injury or death occurred. Once claimants state an amount in damages on their filed standard Form 95 they cannot later ask for a larger amount should it become necessary to file a lawsuit in Federal District Court, unless the increased amount is based on newly discovered evidence.

 

[Some Random Guy]

We have in writing from the Veterans Administration that it was the governments fault that my dad died from cancer because of their neglegance (spelling?)

I don't think that this is a VA neligence case. The OP is claiming that the deceased was injured over 50 years ago and that his death from cancer was a direct result of exposure to radiation in the 1950s.

First, I would be surprised if the VA really told you that the government was nigligent. The long term effects of radiation were not well known in the 1950s and open air testing was performed for many years. I could understand you getting a letter telling them that your dad was exposed due to the testing and that he is 100% covered by disability because he has one of the 13 types of cancer explicitly covered, but I find it hard to believe that the VA admitted negligence for the military's actions.

Read up on past lawsuits and compensation plans for exposed veterans

Atom Tests' Legacy of Grief: Workers See Betrayal on Peril - New York Times

'Atomic veterans' sift fallout from court ruling | Deseret News (Salt Lake City) | Find Articles at BNET

 

[cyjeff]

Folks,

If a consulted attorney says the OP has no case, I am thinking we should respect that opinion.

 

[InsaneJane]

Sorry to hear about your father. I hope he had a good life and the cancer wasn't long and drawn out.
I would recommend that since you want a second opinion (you should) that you find a lawyer experienced in Federal Tort Claims.