If you are suing the federal government then here is the basic procedure:
It depends on which federal agency is involved --> Claimant must present an administrative tort claim to the appropriate government agency for adjudication before filing suit in federal court. 28 U.S.C. § 2675(a). FTCA statute of limitations requires claim be presented to the appropriate government agency within two years of accrual. 28 U.S.C. § 2401(b).
Then it presumably will move to USDC --> U.S. District Court has exclusive jurisdiction to hear FTCA claims. Wood v. United States, 961 F2d 195, 197 (Fed. Cir. 1992). Claimant must file a federal court complaint within six months of the agency's denial of the administrative tort claim, or can file a federal court complaint anytime six months after presenting the claim if no agency action has been taken. 28 U.S.C. § 2401(b).
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
This is such a broad question that it is not easy to answer.
Generally, you can sue a government entity. Governments have immunity for many acts, even wrong or harmful act. A prerequisite for any action against a government entity is to file a claim. That typically needs to be done within 6 months, and then any lawsuit needs to be filed within one year of the date of the incident.
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Any comments offered are not intended as legal advice. This attorney does not know the specifics of the particular case sufficiently to offer legal advice. You should hire a lawyer who can evaluate the details of your specific situation before offering advice.
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