Tennessee Injury Law Center : Lawyers for Personal Injury and Wrongful Death : Serving Memphis, Nashville, Knoxville

 I was in an automobile wreck with a truck driven by a mail truck.  The wreck happened on the interstate in Robertson County, Tennessee.   Can I sue the driver and the Post Office for my injuries?

You can sue the Post Office, but there is a special process that must be followed.  The Post Office can only be sued in federal court after the failure of a special claims process.  

The law that gives you the right to sue the Post Office is the Federal Tort Claims Act.  The claim must be filed within two years of the date of the accident.  A special claim form must be used to file the case with Post Office.  If Post Office rejects the claim or does not act on it within six months you will have to file suit in federal court.

However, I hasten to add that just because the truck signage led you to believe that it was a Post Office truck that hit you it may well be that the truck was operated by a private company.  The Post Office hires private trucking companies to carry mail between cities.  If so, different rules apply.  For instance, because the wreck occurred in Tennessee if a private trucking company is involved suit must be filed within one year of the date of the wreck. 

It is suggested that you seek the advice of an experienced lawyer to guide you through this process.

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I was a victim of medical malpractice in an Army hospital in Tennessee.  What are my rights?

There is a process established in the law that permits victims of medical malpractice caused by employees of the Army, Air Force, Navy or Veteran's Administration to take legal action.  First, appropriate notice must be given and then, when the claim is denied, suit must be filed in federal court.

Tennessee medical malpractice and damages law will control your case, even though it must be filed under a special federal law.  Here is a summary of Tennessee medical malpractice law.  Please note that federal law generally gives more time to file suit than state law - you need to talk with an experienced medical malpractice lawyer to assist you in determining how much time you have to file suit under the federal statute.  Failure to file suit on time will result in a loss of whatever rights you have, so be sure to contact a lawyer quickly.

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I was in an automobile wreck with a truck driven by an employee of the TVA?  Can I sue the driver and the TVA for my injuries?

You can sue the TVA, but there is a special process that must be followed.  The TVA can only be sued in federal court after the failure of a special claims process.  

The law that gives you the right to sue the TVA is the Federal Tort Claims Act.  The claim must be filed within two years of the date of the accident.  A special claim form must be used to file the case with TVA.  If TVA rejects the claim or does not act on it within six months you will have to file suit in federal court.

It is suggested that you seek the advice of an experienced lawyer to guide you through this process.

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I believe that I was a victim of medical malpractice in the VA hospital in Nashville.  How much time do I have to file a medical malpractice claim against the VA? 

You cannot file suit without first filing a claim.  Generally, the claim must be filed in writing using the appropriate forms and paperwork within two years of the time after the accident or injury.  The claim must be filed with the appropriate federal agency.

The government then has six months to evaluate the claim.  It may try to settle the case, or it may deny the claim.  When the government denies a claim the claimant then has a right to file suit in federal court.  If the government does not deny or settle the claim within six months you can deem the claim denied and file suit in federal court.

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I was in a car wreck caused by a driver who was driving a car owned by the Department of Defense.   The other driver told me that she was going to a business meeting in Nashville.  The wreck occurred on Interstate 40 near Mt. Juliet.  Can I sue the federal government and recover damages for the injuries I received?

Yes, although there is a special law that governs the rights of people to sue the federal government for the acts and omissions of its employees.  Tennessee rules of evidence and procedure do not apply to these cases, although the Tennessee driving laws will apply.

The special law that governs the process for this type of case is called the Federal Tort Claims Act ("FTCA").  The FTCA became law in 1946 and is the mechanism for compensating people injured by the negligence of federal employees.  The appropriate federal agency must be given notice of the claim on an approved form and, if the case is not settled, the case must be filed in federal court.  The trial is a non-jury trial.

It is recommended that you seek legal assistance in filing a claim under the FTCA.  

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