Legal Question in Federal Tort Claims in Oklahoma

Re: Federal Tort Claim

Under the Federal Tort Claims Act, a suit for personal injury or property damage caused by the negligent or otherwise wrongful act of an officer or employee of the U. S. Government, may be brought in federal U.S. District Court only after the claimant has filed an administrative claim for money damages with the federal agency that caused the injury or damage. This administrative claim must be presented to the agency within two years of the incident that caused the injury or damage. (Mailing alone is not sufficient. You need to make sure it is received by the agency by the 2-yr. deadline.)

The federal agency must settle or deny the claim within six months of receiving it. If the claim is denied, the claimant must file suit in federal U.S. District Court within six months of the date that the denial was sent by the agency by certified mail. The suit must name the United States of America as the defendant, and the summons and complaint must be served on the local U.S. Attorney, as well as the Attorney General of the U.S., in Washington, D.C. (This service may be done by certified mail, return receipt requested.)

As you can see, the process can be rather complex, and it is recommended that a claimant retain an attorney experienced in handling such claims. The good news for claimants is that the Federal Tort Claims Act limits the contingent fee that an attorney can charge for handling such cases. The limit is 20% for handling the case before the agency (at the administrative claim level), and 25% for handling the case in the U.S. District Court. (However, the attorney can also recover his/her actual costs and expenses of prosecuting the case.)

(This compares very well with the percentage usually charged in private lawsuits, which can vary between 33 and 1/3% and 40%, plus costs and expenses.)

I hope this answers your question.

Re: Federal Tort Claim

By law, a 'tort" is a civil wrong for which a remedy may be obtained, usually in the form of damages, a breach of duty that the law imposes on anyone in the same relation to another as those involved in the given transaction. Additionally, it is the branch of law dealing with such wrongs. If this branch is the executive, legislative, and judicial branches of government, it would be construded as a "federal" wrong relating to the national government of the United States and/or constitutional law or tort. This is because the wrong may be in violation of one's constitutional rights by a government officer or it is redressible by a civil action filed directly against the officer. And, if the wrong is committed under state law, it is actionable under 42 USCA, Section 1983. Therefore, the anwer to your question is "Yes" you can file in federal district court.