In a recent opinion, a federal appeals court was tasked with deciding whether a plaintiff whose Federal Tort Claims Act (“FTCA”) claim was not properly filed as a minor could file his claim beyond the statute of limitations. The case is a precedential decision for cases in the court’s jurisdiction, including California car accident cases.
According to the court’s opinion, the plaintiff’s father died in a car crash on an Arizona highway in 2005. The plaintiff’s mother filed a claim with the federal agency over two years later, and then filed a lawsuit against the U.S. Federal Highway Administration. She claimed deficiencies in the highway barrier involved in the father’s crash. The plaintiff was nine years old when his father died and sixteen when the suit was filed.
Filing a Claim Under the Federal Tort Claims Act
The Federal Tort Claims Act allows people to sue the United States government and its agencies for certain torts committed by federal employees while acting within the scope of their official duties. In an FTCA claim, a claimant must show that: (1) injury or property damages caused by a federal employee; (2) the employee was acting within the scope of his official duties; (3) the employee acted negligently or wrongfully; and (4) the act proximately caused the damages.