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1. If I've been injured by the U.S. government or a U.S. government employee, what should I do?
   Contact an attorney. Whether or not you decide to contact Archuleta, Alsaffar & Higginbotham to obtain private legal advice is your decision.  Contacting an attorney experienced in negligence cases against the government may be crucial to the resolution of your claim.  The government employs legions of experienced attorneys and investigators to defend against claims.  Many personal injury attorneys do not handle cases against the government with a high level of expertise.  Many attorneys do not take their cases against the government to trial, thereby allowing the government to dictate the value of the case.  Also, without aggressive counsel, the government may delay your case for many years without action.  If your attorney is not willing to try the case, then you are left with what the government decides you should be paid, if anything.
2. What is the Federal Tort Claims Act?
   The Federal Tort Claims Act provides a limited waiver of the federal government's immunity from suit.  Under the United States Constitution the federal government is immune from suit.  The Federal Tort Claims Act (FTCA) allows private claimants to bring claims against the federal government for the negligent conduct of government employees.  In short, the FTCA allows the federal government to be sued as if it were a private person.
3. Who may file a claim against the government under the Federal Tort Claims Act?
   Any private person may file a claim against the government under the Federal Tort Claims Act.  The claimant need not be a citizen of the United States.  Generally, the dependents of active duty military personnel, Retirees, and Civilians may bring a FTCA action.  Active Duty Military Personnel generally cannot bring a claim for injuries to THEMSELVES except under special circumstances (but Active Duty Military Personnel may bring a claim for injuries to their dependents).
4. What if my injury occurred while I was overseas?
   Generally, claims for injuries that have occurred overseas must be brought under the Military Claims Act or Foreign Claims Act.  The Military Claims Act and Foreign Claims Act are similar to the FTCA but are more narrow in their avenue for recovery.  Archuleta, Alsaffar & Higginbotham handles Military Claims Act and Foreign Claims Act.
5. How long after my injury do I have to file a claim?
   Generally, prospective claimants must file their FTCA claim within two years from the "date the claim accrued."  Often, but not always, the "date the claim accrued" is the date of injury.  This two year period is known as the FTCA statute of limitations.  The statute of limitations applies to minors as well.  In some cases the statute of limitations is extended due to military service.
6. When should I contact an attorney?
   Contact an attorney immediately.  The facts of each particular case determine when the two year statute of limitations period starts.  It is not uncommon for people to mistakenly believe that they have more time than they actually have.  Since the statute of limitations can forever bar a FTCA claim if it is not presented in writing within two years from the "date the claim accrued", it is best to let an attorney determine the deadlines.  It will take some time to gather the documents necessary to evaluate and prove the claim.  Make sure to give your attorneys plenty of lead time.
7. What is the process for filing a claim and how long does it take?
   First, a FTCA claim must be filed with the appropriate administrative agency.  Usually the appropriate agency is the agency where the negligent employee works.  Once the government agency receives the claim it has six months to review, negotiate, and/or deny the claim.  If the claim is not resolved by the agency within six months from the date it received the claim or if the claim is denied by the agency then suit may be filed against the United States government.
8. Might I face repercussions for filing a claim against the government?
   The United States Congress gave explicit authorization for the government to be sued under the Federal Tort Claims Act.  The federal government allows itself to be sued because it is in its best interest to have a uniform method of accountability to its citizens.  
9. Why should I contact an attorney who focuses on government claims?
   Suing the federal government is not easy.  The process can be complicated and has many traps of which less experienced attorneys may not be aware.  When dealing with any legal problem, especially one that may be as complicated as a federal action against the government, it is best to seek attorneys who focus their practice in that area.
10. Why is it important for my attorneys to have successful trial experience against the government?
    The willingness to go to trial stops the government from setting the value of the case and, instead, focuses on the true damages the client(s) have sustained. 
    For example, in Dickerson v. U.S., a birth injury/cerebral palsy case handled by our lawyers, the highest offer by the U.S. to settle before the judgment was $1.5 million.  At trial, the judgment on the damages was in excess of $44 million.  In Lebron v. U.S., another birth injury/cerebral palsy case handled by our lawyers, the highest offer by the U.S. to settle before trial was $4 million.  At trial, the judgment on the damages was in excess of $32 million.  In Jackson v. U.S., a brachial plexus palsy case handled by Michael Archuleta, the U.S. never made an offer to settle.  At trial, the judgment on the damages was in excess of $2.2 million. 
    
    In our experience, particularly in serious damages claims, the government usually greatly undervalues the case.  Medical malpractice cases are among the most expensive and time-consuming cases.  Success in litigation may translate into increased case value. 
11. What was the largest FTCA award before Michael Archuleta handled the Dickerson and Lebron cases?
    The largest award before the Dickerson and Lebron cases was the Hill case.  The Hill award was $13,528,400 which was less than one-third the award in the Dickerson case ($44,717,681) and less than one-half the award in the Lebron case ($32,676,410).
12. What is the difference between a judgment and a settlement?
    A judgment is a sum awarded to a party by the court as a result of a trial.  A settlement is a sum on which two or more parties agree that resolves the legal dispute outside the courtroom.
13. Can you guarantee that my claim will be settled?
    While there can never be a guarantee that any particular case will settle, some cases may be more likely to settle than others.  The facts of each particular case determine how likely a case is to be settled without the need for trial.  If the government does not make reasonable settlement offers, as often happens, Archuleta, Alsaffar & Higginbotham has the experience to go to trial.
14. Is my case worth more if I use Archuleta, Alsaffar & Higginbotham as my attorneys?
    Simply put, proven and highly experienced attorneys are an asset to your case.  That, in turn, enhances your chances of success.
15. Am I unpatriotic for bringing a claim against the government?
    Absolutely not.  Congress created the Federal Tort Claims Act so that injured parties and their families may bring claims for the negligence of government employees.  In fact, filing a FTCA claim may help to prevent similar incidents from happening to others.
16. Is handling government claims simple or complicated?
    It is never an easy task to prove a claim against the government.  The facts of each particular case determine the complexity of the claim.  It is important to remember that the government has highly skilled attorneys responding to claims.  The government attorneys vigorously defend cases.
17. Do I pay more to use Archuleta, Alsaffar & Higginbotham?
    No.  Attorneys' fees are regulated under the FTCA.  You pay no more to use Archuleta, Alsaffar & Higginbotham than what another firm may charge.
18. What if I live in a different city, state, or country from where the incident occurred?
    Your current residence generally will not affect your claim except that it may give additional options as to where your suit may be filed.
19. What if I live in a different city, state, or country from where Archuleta, Alsaffar & Higginbotham has law offices?
    Archuleta, Alsaffar & Higginbotham can represent you regardless of where you live.  We handle claims in all 50 states, all U.S. territories, and overseas.
20. What distinguishes Archuleta, Alsaffar & Higginbotham from other firms?
    Our attorneys' unique combination of knowledge, skill, experience, and record setting results sets Archuleta, Alsaffar & Higginbotham apart from the rest.