Legal Advice?

[DookieTx1911]

Hey everybody; I hope I'm posting in the right area...

I live in a National Park and was involved in an accident, caused by a park ranger. I have received a copy of the incident report and the ranger clearly admits that she was at fault.

I have several injuries and at least one surgery scheduled.

My question is... "Is it worth hiring an attorney?". My understanding is that there is something called the Federal Tort Claims Act, which basically provides reimbursement for expenses as well as compensation for time out of work. I also understand that you cannot sue the Federal Government, nor its employees, for punitive damages.

I have had several attorneys tell me that, in as many words, it isn't worth their time. However, I was contacted back by one particular attorney that has expressed great interest in handling my case. This attorney asserts that we can sue for more than just reimbursement of expenses.

I am hoping that someone on this forum has legal experience and can advise me as to what I should do. I'm not the kind of guy to sue McDonald's for hot coffee, nor am I the type to look for a lottery-like payout. I just want to make sure that all of my bills are taken care of and that any representation I receive will be compensated for as well.

Please limit replies to this post to those who have a working knowledge of the law as it applies to FTCA and/or suing the Government.


Thanks,
Mike "Dookie" Brown

[DGXSER]

Mike,

Sorry to hear of your accident. HERE is a link to an attorney's website that has a decent break down of the FTCA.

Hope that gives you some help.

[CatatonicBug]

Isn't that what insurance is for? Have your insurance go after them if they want to get reimbursed. Your health insurance company should be paying your medical costs (except for copays) and your auto insurance covers your vehicle damage. If they want to get paid by the Ranger's insurance, they can go after them on their own.

[DookieTx1911]

Isn't that what insurance is for? Have your insurance go after them if they want to get reimbursed. Your health insurance company should be paying your medical costs (except for copays) and your auto insurance covers your vehicle damage. If they want to get paid by the Ranger's insurance, they can go after them on their own.

Um... #1-You're assuming that I have medical insurance. #2-The ranger was "on the clock"; We, the People are the insurance.

Additionally, check this out... My ACL replacement will cost me around $9,000 "cash on the barrel head" for the whole thing (orthopedist, surgical assistant, surgicenter and anesthesia). If I had insurance, the orthopedist alone would require over $10,000 (add another $2,500 for the assistant and who knows what for the surgicenter and anes.).

-Totally off topic, I know, but I don't want to hear any physicians crying about how or why they won't get paid enough under Obamacare. Had they not cut their own throats by raping the insurance companies for decades, insurance would be a lot more affordable and more people would have access.

[ViperRon]

This is a little away from what you actually were asking for but just as important. If you sign with an attorney get references for the attorney and read the contract and understand it before you sign. You may only get expenses covered from the government and then find the check goes to the attorney who will take out his expenses and then a third and he will make his part you will just be danging in the wind. I have seen this happen to a few people over the years. If most attorney's shy away and one is all over it make sure you know why.

[CaptonZap]

This is a little away from what you actually were asking for but just as important. If you sign with an attorney get references for the attorney and read the contract and understand it before you sign. You may only get expenses covered from the government and then find the check goes to the attorney who will take out his expenses and then a third and he will make his part you will just be danging in the wind. I have seen this happen to a few people over the years. If most attorney's shy away and one is all over it make sure you know why.

Amen!
If you ask, even if the attorney doesn't get paid unless he wins, he will tell you that you have to pay the court costs, filing fees, etc. Which can cost a lot.
How old is this attorney? Fresh out of law school? Caveat emptor.
Good luck, CZ

[Cobia]

How about compensation for "Pain and Suffering" not only because of the physical damage inflicted on you, but also due to all the mental anguish resulting from "How am I going to cover these expenses?" Some medical facilities will go after your house !!!

[DGXSER]

As to the pain and suffering, the FTCA has an explicit section dealing with that. To some extent, it appears it is based on the state in which the incident occurred. Basically, you MIGHT be able to get what could be termed "customary and ordinary" P&S fees for similar cases for the state. Keep in mind that the "trial" is not a jury trial, but a bench trial. The federal judge is the only deciding entity.

And the documentation on the attorney fees does dictate that the attorney can only charge up to 20% if it is an administrative award, or 25% of a trial award. And yes, that means the attorney gets 20-25% of the total awarded amount, not that the awarded amount gets 20-25% added for attorney fees. The only thing the FTCA does is to keep the attorney from getting any more than the 25%. If the attorney even accepts more than that, they can be punished by up to 1 year in prison and a $2000 fine.

As has been suggested, the attorney can sign up to help you for their 20-25% fee. And if your judgement is only for your cost, then you end up paying the 20-25% of your cost.

It even has sections to address what happens if you get awarded a long term payout of your restitution and what the attorney gets paid and when.

I am not an attorney, I do not even play one on TV or even in the local plays. But I have some experiences in this arena. Do some more homework before you decide how to proceed. And yes, if most of the "reputable" attorneys are taking a pass on this one, and one is chomping at the bit, I would definitely smoke out what he thinks he knows that the others do not.

[Cuda 69]

Two things,1) was it an auto accident? if so,if she was found at fault,federal vehicles are insured and all should be covered for medical. 2) I can't speak for your state,but in N.Y. all state and local employee's driving state or local vehicles can not be held liable or sued by anybody in an accident. My brother had a snowmobile trailer with 2 snowmobiles on it run over by a plow truck,and they didn't have to pay for them.

[jetmechmarty]

I have good legal advice for you. Don't take legal advice from people who aren't lawyers!

Talk to the lawyer who is interested in your case. If you enter into a contract, be sure he/she is working on a contingency. (Doesn't get paid unless you win)

[DookieTx1911]

I have good legal advice for you. Don't take legal advice from people who aren't lawyers!

Talk to the lawyer who is interested in your case. If you enter into a contract, be sure he/she is working on a contingency. (Doesn't get paid unless you win)

I her you jet. That was why I was hoping to limit the discussion to those who actually have experience in this matter.

As to the topic of insurance... You don't swap insurance cards with federal employees involved in MVAs, while on duty. You fix yourself and your stuff, on your own nickel, then file the necessary paperwork and hold your breath until you are reimbursed. That is, if you can keep up with the legalese wel enough for your claim not to be denied.

Once again, if any member of this forum happens to be an attorney, or has experience in this type of situation, I would greatly appreciate any insight you might provide.

[DGXSER]

In my case, I am not one, just married to one. Yeah, I do not win many if any arguments.

[natemoen]

In my case, I am not one, just married to one. Yeah, I do not win many if any arguments.

only when she let's you win!

[Czekus21]

In my XSperience of being a "Government Employee", It's hard (if not impossible) to recover lost "anything" from the Government. That would be why those Lawyers backed off. With proof to back up claims and accusations toward the government, the media is the best bet to recover. Though the profile then turns high and may cost allot with the hopes of a little recovery, Election year may help.
best of luck......