How do you sue the U.S. government.?

Answer 1

Generally, a sovereign government cannot be sued unless it allows itself to be sued. In the United States, Congress has passed the Federal Tort Claims Act (FTCA) allowing the U.S. government to be sued for the tortious negligence of its employees that causes personal injury or property damage.

Prior to bringing a lawsuit under the Federal Tort Claims Act, it is required that a written claim be presented to the offending government agency. After the written claim is presented, six months must pass before a lawsuit may be filed in United States District Court. If the claim is denied in writing by the agency, the claimant must file suit within six months of the date of denial.

Generally, a written claim must be presented within two years of reasonable knowledge of the cause and existence of the injury, even for minors and incompetents. There are numerous other details and restrictions under the FTCA and it is advisable to have an attorney represent you in this potentially complicated area of the law. Other laws that allow claims to be made against the United States government, but do not allow a lawsuit may also apply such as the Military Claims Act (MCA) and Foreign Claims Act (FCA).

Answer 2

The first (and most difficult) task is to find a lawyer or law firm who handles Federal law cases. This isn't easy, as it's more preferable for lawyer to represent the government than it is to find those to fight them (they've got more money and resources than citizens), unless there's a large legal issue or class-action at stake. The unfortunate bottom line is that unless you've got something serious to complain about and the resources to see it through (or there's a strong possibility of a settlement as a result), it's tough to find a lawyer who'll handle your case.

It also depends on the nature of the complaint (criminal, civil, labor, etc.), which again will determine which avenue to take as far as a lawyer goes.

Make sure you've got all of your facts documented and in chronological order. When it comes to dealing with the government, if it's not documented and verifiable, you're essentially wasting your time. You also need to ensure that your complaint is serious enough to warrant legal attention, and not just a beef with Uncle Sam that's not going to go anywhere.

Answer 3

Yes they can. The Federal Tort Claims act was put in place in 1948 and it allows private people to sue the Federal Governement. The act challenges sovereign immunity.