Our client was on a bike when a postal worker hit him. Almost immediately, he was dealing with the stone wall of bureaucracy that many of us have experienced when dealing with the government. Trying to open a claim to fix his bike had him stuck as he went in circles. He was concerned because he didn’t know if you could sue the post office for injuries.
Even after we got involved, the case’s road to justice and compensation was still arduous. Suing the post office, or the government in general, brought forth a series of challenges. In this blog, we will look at the complexities faced by victims who seek compensation from government institutions, such as the post office, and how Howell, LLP, can be a part of that solution.
Escalating Challenges when Suing the Post Office for Injuries
Pursuing a claim against the post office or another government entity presents challenges beyond a typical personal injury case. A specific process must be followed when notifying the post about the claim. In this case, a bicyclist was injured by an employee operating a post office vehicle. The post office is part of the federal government. The federal government also creates the laws and operates the court system. As you can imagine, the federal government would not make it easier to sue itself.
The Federal Torts Claims Act allowed people to pursue damages against the federal government. Because of this, people can be compensated when the government is involved in a personal injury, causes a wrongful death, or damages a person’s property. But there are limits and a process to follow. If you don’t follow the process, the case can be over before you file the lawsuit.
To sue the post office, an attorney will have to send information about the individual who was harmed, the basis of the claim, what happened, a list of witnesses, and the amount of the claim. All of this information is contained in Standard Form 95. Generally, once the post office receives the claim information, they will investigate the accident themselves and potentially negotiate through an attorney to arrive at a settlement. However, they may also outright deny the claim. The attorney can file a federal lawsuit within six months of the claim being denied.
During the case where a federal employee injured our client, the post office didn’t respond. The process was halted because it never began.
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The Resolution
During any personal injury case, having an attorney is critical to navigating the challenges, especially when the defendant is the US government. We followed the process correctly and filed a lawsuit in federal court, which got the attention of the US Attorney’s’ office. This was pivotal in ensuring that the claim got its deserved attention. Once our office got someone’s attention, we could commit to the process and pursue the compensation our client deserved.
Pursue the Compensation You Need
Howell LLP understands that there is no direct path through any personal injury case, particularly those involving claims against the government. Allow our experience and innovative approach to help guide you through challenges like these. Our office will handle the legal complexities, so you can shift your attention toward recovering and managing your life after an injury. To continue this conversation with an attorney, contact our office today to set up a free consultation.
