One of the most common concerns among Florida personal injury victims is when they must file their claim. Typically, all personal injury claims must be brought within a certain amount of time, which is outlined in the statute of limitations. However, the rules differ when cases name state or federal government entities. Recently, a federal appellate issued a written opinion discussing whether a claim brought under the Federal Tort Claims Act is tolled while the plaintiff is a minor.
According to the court’s opinion, when the plaintiff was five years old, his father was killed in a car accident on an interstate highway. The plaintiff’s mother filed a timely administrative claim with the Federal Highway Administration (FHWA) claiming that a highway barrier that had failed during the accident was not adequately tested or approved for use. Five years after the accident, and while the plaintiff was still a minor, the plaintiff’s mother filed a personal injury case against the FHWA in federal district court on behalf of the plaintiff.
The Federal Tort Claims Act
Generally, the federal and state governments are immune from tort liability. However, under the Federal Tort Claims Act (FTCA), specific lawsuits can be brought against the U.S. government and its subdivisions. To bring such a lawsuit, plaintiffs must comply with strict procedural requirements. Among these requirements is a two-year statute of limitations.