Wilmington - Clinton County & Wilmington Governmental Liability Lawyers

Wilmington Federal Tort Claims Act attorneys & Wilmington Ohio Tort Claims Act attorneys serve Wilmington residents injured by government actions to ensure that they receive quality legal representation in their claims against the government. If you find yourself facing off against the government, a Wilmington government lawsuit lawyer can help you get the compensation you deserve, whether your claim is against the Ohio state government or the federal government.

Ohio Tort Claims Act Lawyers - Government Liability Lawyers Serving Wilmington Residents Injured by the State or Municipal Government

An old Latin adage advises “Rex non potest peccare,” or, in English, “The King can do no wrong.” This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Since every state in the United States—with the notable exception of Louisiana—adopted the English common law, it was also historically impossible for a Wilmington, Ohio resident or any other Ohio citizen to sue the City of Wilmington, Clinton County, or the State of Ohio. In other words, no government liability existed whatsoever.

Of course, much has changed since our country’s modest beginnings. Ohio has passed the Ohio Court of Claims Act, which allows people injured by employees of the government of the state of Ohio or one of its subdivisions to recover for their injury. People injured on government lands or by government actions may also be able to recover. The Act creates the Ohio Court of Claims, which is the court that handles Wilmington governmental liability cases. Victims generally have two (2) years to bring a claim with the Ohio Court of Claims (2743.16 Limitation of actions; compromise of claim or satisfaction of claim by liability insurance).

Federal Tort Claims Act Lawyer - Serving Wilmington Residents Injured by the Federal Government

Just like Ohio, the Federal Government traditionally enjoyed sovereign immunity, and therefore those injured by actions of the federal government could not sue to recover damages. However, the federal government was the largest employer in the United States and many injured employees of the federal government needed compensation for their injuries. In addition, many people not employed by the federal government were also being injured by it and they too needed compensation. For example, if a federal government employee was negligently driving a car and injured a Wilmington resident, that person would likely seek damages from the federal government to compensate them for their injuries. This is just one example of a myriad of ways in which the issue of federal government liability arose over the years. It became clear that sovereign immunity had become outmoded, and, in 1946, Congress passed the Federal Tort Claims Act (FTCA). The FTCA is similar in nature to the Ohio Tort Claims Act; however, there are some key differences.

1. Prior to filing suit under the FTCA, a claimant must present his or her claim to the federal agency out of whose activities the claim arises. 28 U.S.C. § 2675.
    
2. This must be done within two years after the claim accrues. 28 U.S.C. § 2401.14.
    
3. If, within six months after receiving a claim, the agency mails a denial of the claim to the claimant, then the claimant has six months to file suit in federal district court. 28 U.S.C. §§ 2401, 2675.
    
4. No period of limitations applies to a plaintiff if the agency fails to act within six months after receiving his claim.
    
5. Suits under the FTCA are tried without a jury. 28 U.S.C. § 2402.
    
6. An agency may not settle a claim for more than $25,000 without the prior written approval of the Attorney General or his designee.
    
7. United States attorneys are authorized to settle claims in amounts up to $1 million.
    
8. Attorneys who represent claimants under the FTCA may not charge claimants more than 25 percent of a court award or a settlement made by the Attorney General or his designee after suit is filed, or more than 20 percent of a settlement made by the agency with whom a claim is filed. 28 U.S.C. § 2678.
    
9. A court may not order the United States to pay a claimant’s attorneys’ fees unless the court finds the United States to have acted in bad faith. 28 U.S.C. § 2412(b).

Exceptions to the FTCA

There are three (3) main exceptions to the FTCA. They are:

1. The Feres doctrine. This doctrine prohibits lawsuits by military personnel for injuries sustained “incident to service.”
2. The discretionary function exception.
3. The intentional tort exception.

A Wilmington government liability lawyer can explain these exceptions to you in greater detail.

Who can seek recovery under the FTCA?

The FTCA applies to many government employees that are injured. For example, postal workers in Wilmington are often injured and seek the help and advice of Wilmington Postal Service injury lawyers. A variety of other government employees and private residents of the Greater Wilmington and Clinton County, Ohio areas may also be injured by actions of either the federal, state, or municipal government. If you, or a loved one, has suffered an injury due to the negligence of the government, or while on the job as a government employee, call one of the Wilmington governmental liability lawyers on this page for a consultation regarding your right to recovery.

Personal Injury Attorneys Serve Wilmington and Surrounding Cities

Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.

Rest assured that a Clinton County government liability attorney will be familiar with both federal and state laws and will have the expertise necessary to aggressively pursue your claim and get you the financial recovery you deserve. Contact one of the qualified Wilmington torts claims act lawyers on this site today.