After three days in the hospital, knee surgery, and the depressing news that your leg is never going to be the same again, you’re finally ready to pursue legal retribution against the man who hurt you. Unfortunately, that man was a federal police officer who claims he was only doing his job.
Thankfully, you have several witnesses (including another officer) who told you that they would be willing to give a statement that your injury wouldn’t have happened if the officer was following protocol. One witness can even describe the scene of how he forcefully pushed you into the car, ignoring your screams of pain. However, even if you have these statements, what do you do to file a wrongful injury suit against him? Should the suit include the air force base where he works? What about the federal government since he was on duty at the time?
Filing a Governmental Lawsuit
According to a report from the Federal Judiciary, approximately 50,000 cases a year are tried involving government participation. Thousands more are brought against government employees without directly involving the government as a defendant, and even more are filed against the government but are swiftly denied due to improper paperwork or failed deadlines.
This is why it is extremely important to know how to properly pursue a claim before you file. One of the first things you’re legally required to do is file a Notice of Claim Form (NOCF) from the United States Department of Justice. This form is used to notify those whom you’ll be suing that a claim will soon be filed. Even though this form seems like just a formality since the plaintiffs will know as soon as you file your actual claim, if the NOCF isn’t properly executed, your claim could be denied before you even begin.
The NOCF must include the following information and documentation to be properly processed:
- Personal information, including name, address, day and evening phone numbers, Social Security number or tax ID and your date of birth
- Incident report information, including date and time of incident, exact location of incident, and damage accrued
- The cause of the damage or injury, or circumstances under which the damage or injury was sustained
- Any police or other reports related to your claim
- Documents showing ownership at the time of the damage and original cost of damaged items
- Estimates for repairs or treatment
- Proof of payment for damage
- Photographs of any damage
- Medical bills or medical reports
After sending the Notice of Claim to each person or entity involved, you must wait between 30 and 120 days before actually filing your claim. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.
The Help and Support You Need to Fight Back
Even easy injury claims can be extremely confusing to pursue on your own, let alone fighting against the government. Thankfully, you don’t have to—contact us today discuss your claim, why you want to file, and how we can help you get the settlement you deserve. We know how difficult and exhausting it can be to fight for what you deserve. So, let us be your army...let us fight for you and your future.
Know someone who wants to fight back? Please, feel free to share this page with him via email, Facebook, or Twitter, or recommend it on Google+. We aren’t strangers to fighting the difficult cases, and our knowledge and diligence can help get the settlement he deserves. Tell him to contact us today for a review of his case. Remember, no one should be above the law, including the lawmakers themselves.
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