FEDERAL TORT CLAIMS ACT SETTLMENT BY AGENCY

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Federal Tort Claims Act Information

FEDERAL TORT CLAIMS ACT

§ 2675. Disposition by federal agency as prerequisite; evidence

(a) An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail. The failure of an agency to make final disposition of a claim within six months after it is filed shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section. The provisions of this subsection shall not apply to such claims as may be asserted under the Federal Rules of Civil Procedure by third party complaint, cross-claim, or counterclaim.

(b) Action under this section shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim.

(c) Disposition of any claim by the Attorney General or other head of a federal agency shall not be competent evidence of liability or amount of damages.

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While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. If you think you may have an FTCA case you should promptly contact a lawyer with experience in handling FTCA cases.

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