Although the concept of sovereign immunity is not mentioned anywhere in the U.S. Constitution or the Bill of Rights, courts have long held that the U.S. government is immune from liability without its consent. Under the Federal Tort Claims Act (FTCA), however, those who have been injured as a result of the conduct of a federal employee or agency may be able to pursue a claim for compensation.
The FTCA provides a strict set of procedural rules that must be followed in order for a case to be heard by a federal court. If an injury victim misses a deadline or otherwise fails to comply with one of the FTCA’s requirements, their claim will likely be dismissed. Thus, it is crucial for Maryland injury victims bringing claims under the FTCA to understand all of the requirements the FTCA imposes. A recent federal appellate opinion discusses the statute of limitations in FTCA claims.
The Facts of the Case
According to the court’s written opinion, in 2005, when the plaintiff was just five years old, when his father died in an auto accident. The accident occurred on an interstate highway. Because the plaintiff was only five years old at the time, the plaintiff’s mother filed a claim against the Federal Highway Administration (FHWA). The claim alleged that a highway barrier failed during the accident, resulting in the plaintiff’s father’s death.