Legal Question in Federal Tort Claims in California
Tort claim
I would like to know my rights. I would like to file a tort claim on a bank. I have spoke to my attorney and he said i have a definate case and need to see the laws in california, there for i would like to speak to someone who is familiar with a federal bank liability .
2 Answers from Attorneys
Re: Tort claim
If you have a lawyer pursuing this matter, you should have him/her do the legal research. The laws of California are available online through legal research services that most attorneys use, or he/she should consult directly with California counsel, rather than put you in the middle to carry messages back and forth.
This would save a lot of time, since your attorney apparently knows enough about the facts of your case to give you an opinion that you have a valid claim, and is probably best able to focus on the legal issues that he/she needs to have clarified under California law to take further action.
It is not clear why you think this might fall under the Federal Tort Claims Act. That federal statute (or group of statutes) only provides a remedy for torts committed by a U. S. Government agency, through its agents and employees acting within the course and scope of their employment. Other than the Federal Reserve Bank, I am not aware of any banks that would be considered "federal banks." Virtually all banks are insured by the Federal Deposit Insurance Corporation (or FDIC). But that does not make them agencies of the U. S. Government.
Unless there are a lot more facts than you have given in your question, it is likely this case does not fall under the Federal Tort Claims Act.
Re: Tort claim
You likely are facing a one year statute of limitations follow your attorney's advice.