When it comes to plane accidents, many negligent parties can be held liable due to victims' injuries. But it requires the proper evidence to prove that the negligent party never acted reasonably and another person in a similar situation would have acted differently. However, when determining whether a government agency is to be held liable, the plaintiff may need help proving negligence. Having what it takes to assess negligence claims to sue a government agency would amount to a claim worth millions of dollars to the affected.

Suing A Government Agency For Negligence

It’s not easy to have a case against a government agency. If you were involved in a plane accident and believe the Federal Aviation Agency (FAA) is to be liable for your injuries, you would require experience plane accident lawyers to work out the best strategy to hold the government accountable. It's would require top attorneys in Wasilla, Alaska, because of the many loopholes and the time it would take to achieve justice. The FAA is responsible for controlling all air traffic, among other responsibilities, including:
  • Issuing and enforcing regulations on manufacturing, operating, and maintenance of aircraft
  • Conducting research and developing the systems and procedures needed for a safe and efficient air traffic control mode.
  • Certification of pilots and other employees that serve as air carriers

The above means that if an employee is careless such as causing an injury to a passenger, the victim may sue the FAA for negligence. A victim can sue the FAA under the Federal Tort Claims Act (FTCA), which allows injured victims to sue negligent federal employees. Since FAA is a government agency, some rules and protocols must be followed to have a smooth claim process.

How To Sue FAA?

If you believe in having a claim against a federal employee, you need to prove that the federal employee never upheld the duty of care. In other words, he/she acted carelessly, leading to a plane accident. 

Some of the mistakes may include the following:

The pilot's failure to react appropriately when discovering a mechanical system malfunction which in most cases has caused planes to nose dive on the ground. Such a case was experienced in the Boeing 737 crash.

Use of risky and faulty safety assessments, especially on airport runaways. According to statistics, nearly half of all aviation accidents occur either during landing or in the initial climb or takeoff.

When filing an FTCA, it is better to keep in mind the following factors:
  • Only federal employees can be sued under the Federal Torts Claim Act.
  • You can only sue the employee base on negligence.
  • The employee's negligent act must be conducted within the scope of their employment.
  • The Federal Association Agency in Alaska must permit the claim in question.
There are many limitations involved when it comes to suing under FTCA. But if your case is successful, you can be assured of getting a good amount of compensation. Filing an FTCA claim differs from other negligence claims where the plaintiff proceeds directly to court. In this case, you must file a claim with the federal agency responsible for your injuries. Having a lawyer would help you know the proper forms to fill out and understand the legal procedures. To sue the national agency for negligence, you need to:
  • Include the facts about the injuries you suffered from the plane accident. Also, the claim must include the actual damages you are requesting for your damages.
  • You have only six months to file your lawsuit. If your claim is rejected or you cannot agree on the amount offered as compensation, you have six months to dispute. Note that you can only sue once the agency refuses or fails to pay your damages.
  • The federal agency responds to your case within six months. If they agree to your claim, you can be assured of collecting damages. But this may change depending on the issues surrounding your plane accident case.
  • Remember that you have two years to file your claim. However, to be safer, it would be prudent to file your federal agency claim as soon as possible.

Getting Legal Help

Suppose you or your loved one has been injured and believes a federal aviation employee was negligent. In that case, it should be in your best interest to consult an experienced plane accident lawyer, as such a claim is worth pursuing.

Indisputably, anyone who wants to use a government agency will face lengthy lawsuits and sometimes sets of limitations that could be clearer. Nevertheless, the process can be less complicated if an experienced plane accident lawyer offers legal guidance. It's the only way to ensure one receives justice and reasonable compensation.