Defendant's Attorney: James C. Strong

Description: Seattle, Washington personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

Federal Tort Claims Act Law:

the Federal Tort Claims Act (FTCA) is a federal law and applies throughout the United States, including Washington State, it doesn't have its own separate "Washington State FTCA law." The FTCA itself establishes the framework for suing the United States government for negligence of its employees acting within the scope of their employment.

Here's a breakdown of how the FTCA applies in Washington State:

Jurisdiction: You can generally file your FTCA lawsuit in the federal district court where the incident occurred or where the plaintiff resides. For Washington State, this means filing in either the Western District of Washington (Seattle) or the Eastern District of Washington (Spokane).

Claim requirements: To meet the FTCA's requirements, your claim must meet the following conditions:

The injury or damage was caused by a government employee acting within the scope of their employment. This means the employee was performing their official duties at the time of the incident.
The government employee was negligent. You must prove the employee acted in a way that fell below the standard of care expected of a reasonable person in similar circumstances.
Your claim is not one of the many exceptions to the FTCA. These exceptions encompass areas like discretionary functions, intentional torts, and certain medical care claims.

Administrative exhaustion: Before filing your lawsuit, you must first file an administrative claim with the relevant government agency. This allows the agency to investigate and potentially settle the claim without going to court. In Washington State, this could involve filing with the Department of Justice or the specific agency involved in the incident.

Damages: If successful, you can recover various damages under the FTCA, including:

Medical expenses
Lost wages
Pain and suffering
Property damage

Statute of limitations: You have two years from the date of the incident to file your lawsuit under the FTCA.

Additional resources:

US Department of Justice FTCA Information: https://www.justice.gov/jm/jm-4-5000-tort-litigation
Washington State Bar Association: https://www.wsba.org/
Federal Bar Association, Western District of Washington: https://fba-wdwash.org/

Seeking legal help:

Navigating the complexities of FTCA claims can be challenging. Consulting with an experienced attorney specializing in FTCA litigation is crucial to assess your case, gather evidence, and navigate the claims process effectively.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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