Federal Tort Claims Act – FTCA

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Federal Tort Claims Act – FTCA

Personal Injury Attorney, Benjamin Schwartz, answers a question from a Maryland resident who was involved in a car accident involving a federal employee at the United States Postal Service. The statute of limitations falls under the guidelines of the Federal Tort Claims Act and may be different than the state statute of limitations in which you live or where the car accident occurred.

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Bobby in Salisbury, Maryland. Bobby wrote in and he said, “I was in a car accident and I was injured. The at-fault driver was the mailman. What is the statute of limitations on a case from a car accident against the mailman?”

If you have been watching these videos, I think I have done plenty of videos in the past talking about if you are in an accident in Delaware. Delaware state statute of limitations is two-years on a car accident personal injury case. If you are in an accident in Maryland, the Maryland state statute of limitations time limit on suing the at-fault driver is three-years.

That does not really apply if the at-fault driver is a federal employee. If the at-fault driver is the mailman and a federal employee, then the state statute of limitations may not apply to the case limitations. The limitations may be the limitations under the FTCA. The FTCA is the Federal Tort Claims Act. Instead of suing a regular individual under state law, if you have been in an accident with a USPS employee, you are going to have the right to sue, but only under the federal tort claims act. Under the FTCA, the law the limitations on an FTCA case is different than the typical state statute of limitations. You would need to file an administrative claim within two years from the date of the accident and then it would be up to the federal agency to review your administrative claim and either pay the claim, or deny it, or ignore it. Often times, in my experiences, that is what happens.

Then you have six months to file a lawsuit and the lawsuit has to be filed in federal court. It is a very good and very insightful question. If you have been injured in an accident with a mailman, or with a USPS employee, you probably do have the right to sue. You need to be aware that it may not be the Maryland three-year statute of limitations or the Delaware two-year statute of limitations. You need to be aware that there is a two-year deadline for filing your administrative claim under the FTCA. If you had this type of situation, I would encourage you to get with a personal injury attorney that handles FTCA cases in your area. If you have been in an accident in the Mid-Atlantic region, Pennsylvania, New Jersey, Delaware or Maryland, you can certainly contact us. If you are outside of that Mid-Atlantic region, I would strongly encourage you to try and find a qualified personal injury attorney who also handles FTCA cases in your area.

Thanks for watching! I hope that you found this video interesting and informative and it helps you know more about your legal rights. I am attorney Ben Schwartz if you have a question that you would like me to answer in video format like this, send me an email below.

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