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

Suing A Government Agency For Negligence

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 liable. It’s not easy to have a case against a government agency. It would require top attorneys in Wasilla Alaska; this is because of the many loopholes and the time it would take to achieve justice. The FAA is responsible for controlling all air traffics, among other responsibilities including:
  • Issuing and enforcing regulations on manufacturing, operating, and maintenance of aircrafts
  • Conducting research and coming up with 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 to cause an injury to a passenger, the victim may sue the FAA for negligence. Since FAA is a government agency, some rules and protocols must be followed to have a smooth claim process. A victim can sue the FAA under the Federal Tort Claims Act (FTCA), which allows injured victims to sue negligent federal employees.


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, and it led to the plane accident. 

Some of the mistakes may include:

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 better to keep in mind the below 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 claim in question must be permitted by the Federal Association Agency in Alaska.
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 is different from other negligence claims where the plaintiff proceeds directly to court. In this case, you have to file a claim with the federal agency responsible for your injuries. Having a lawyer would help you know the right forms to fill and understand the legal procedures. To sue the federal agency for negligence, you need to:
  • Include the facts related to the injuries you suffered due to 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 cannot agree on the amount offered as compensation, you have six months to dispute. Note, you cannot sue until the agency rejects or fails to pay your damages.
  • The federal agency responds to your case within six months. But this may be subject to change depending on the issues surrounding your plane accident case. If they agree to your claim, you can be assured of collecting damages.
  • Remember that you have two years to file your claim. However, to be on the safer side, 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 that a federal employee in the aviation 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 length lawsuits and sometimes sets of limitations that are very confusing. Nevertheless, the process can be less complicated if one considers having an experienced plane accident lawyer offer legal guidance. It’s the only way to ensure one receive justice and reasonable compensation.