How do I appeal the judgment on my personal injury case?

When an individual is injured, he/she can make a personal injury claim to his/her insurance company. Yet, if the injury was brought about by the negligence of a governmental facility or employee, he/she can file a lawsuit against the government through the Federal Tort Claims Act (FTCA). The FTCA allows for individuals to recover claims for personal injury, damage to or loss of property, and death as brought about by any governmental facility or employee.

However, before such a lawsuit is filed under the FTCA, the individual must first submit a complaint to the agency about the said office/officer. Only after the complaint has been reviewed by the agency and, consequently, dismissed/ rejected should an individual proceed to making an appeal to the said agency.

In drafting the appeal, legal advise is very much encouraged. This will ensure that all the items necessary to be included in the appeal will be accounted for. If after a set time-frame, usually six (6) months, the agency still has not responded, the claim is considered rejected. Thus, the claimant may opt to file a lawsuit against the government.

In filing a lawsuit, a lawyer referral for federal tort cases is advised. The lawsuit should be filed before the end of a specific time-frame as set by the FTCA, otherwise the claimant is stripped off of his rights to recovery. When this happens, all claims made earlier by the individual are dismissed and no other chance for appeal is given to the claimant.