Cleveland Personal Injury Attorney Explains How State Laws Affect Federal Tort Claims September 28, 2012.
Filing a federal tort claim in Cleveland can be tricky. You will be doing a lot of waiting, and you need to know many steps and statues that the average person has no knowledge of. In addition, there are state laws that apply, making the federal tort claim process even more complex.
When filing a federal tort claim, you must be aware of any additional laws that may apply in your state. These may include any notice or reporting requirements. For example, for some malpractice cases against government agencies, written medical certification is required that states there was a breach in the standard of care. Expert reports must be filed within a certain timeframe, depending on the state. Your lawyer can help you determine what additional documentation is needed before filing your federal tort claim.
There are also state statutes of repose. Even if you file your claim within the appropriate time limits and begin negotiations with the agency, there may be a state law regarding your time limits in such a case. When this happens, the law states that the court must adhere to the law where the incident occurred. Therefore, the state law would override the federal law. Federal tort claims have many requirements, making them difficult to file without a lawyer.
If you suffered a personal injury by the federal government, you could be eligible to receive compensation. Consult with a Cleveland personal injury attorney from Mellino Law Firm. Contact us today at (440) 333-3800.