Google Rating5.0★★★★★(190+) See all our reviews
- Free consultation
- No fee unless we win
- Lafayette’s husband and wife injury team
What happened in this case?
A New Iberia driver was struck by an on-duty FBI agent who changed lanes into his SUV, and the government offered $50,000 before suit. We filed under the Federal Tort Claims Act, tried the case to a federal judge, and the court entered judgment against the United States Government (the FBI). The judgment was $800,000, more than 15 times the government’s initial offer.
Figures shown are rounded; the exact amounts are on file. Past results are not a guarantee of future successes. Each case is different and is evaluated on its own facts.
On this page
- Why could this case not be handled as an ordinary insurance claim?
- How badly was he hurt?
- What did the government offer, and what did the court award?
- What did it take to win it?
- Injured by a government vehicle in Louisiana?
- Frequently asked questions
Why could this case not be handled as an ordinary insurance claim?
Because the driver who caused the crash was a federal employee on duty, which meant there was no insurance company to make a claim against. The only route to recovery was a lawsuit against the United States itself under the Federal Tort Claims Act, a federal process with its own deadlines, its own pre-suit requirements, and government lawyers on the other side.
Our client asked one question in the first meeting: if this has to go all the way against the federal government, will you go the distance. That was the right question to ask, because most of what makes these cases hard has nothing to do with the crash.
How badly was he hurt?
He was 38 at the time, with no history of neck or back trouble, and the collision forced his vehicle off the road into a fire hydrant and a brick column. He spent nearly three years in conservative care, chiropractic treatment, physical therapy, and several rounds of epidural steroid injections, before surgery became unavoidable.
He ultimately had two operations: a lumbar fusion at L4-5 (a TLIF) and a three-level fusion in his neck (an ACDF). His doctors testified that more spine surgery is coming.
What did the government offer, and what did the court award?
The United States offered $50,000 before suit was filed. After trial the court entered judgment for $800,000, more than 15 times that initial offer.
That gap is the reason this page exists. An early offer reflects what the other side believes it can close a file for, not what the injury is worth. It was not a close call here, and it usually is not.
What did it take to win it?
A trial, and the evidence to fill one. We presented the investigating officer, our client’s treating spine surgeon, and economic experts on what the injuries cost him over a working life. The government’s own retained medical expert agreed on the stand that the crash caused the injuries and the surgeries.
There is no jury in an FTCA case. A federal judge decides both liability and damages, which changes how the evidence has to be built and presented. That is a different skill from trying a case to twelve people.
Injured by a government vehicle in Louisiana?
Call (337) 347-7177 for a free consultation. Claims involving federal, state, or local government drivers run on different rules and shorter clocks than an ordinary car accident claim, and one missed requirement can end the case before it starts.
We handle car accident and Federal Tort Claims Act cases throughout Acadiana, including Lafayette, New Iberia, and the surrounding parishes. No fee unless we win. You can also see all of our case results.
Frequently asked questions
Can I sue the federal government if a government vehicle hits me?
Yes, under the Federal Tort Claims Act, when a federal employee injures you while acting within the scope of their job. Before any lawsuit is possible you have to file an administrative claim on Standard Form 95 with the correct federal agency, and the agency then has six months to respond.
How long do I have to bring an FTCA claim?
Two years from the date of the accident to file the administrative claim with the agency, and that clock is separate from the deadline for an ordinary Louisiana car accident lawsuit. Missing it ends the claim permanently, so the safe move is to treat the date of the crash as the start of a two-year countdown and get the claim filed well inside it.
Is there a jury in a case against the federal government?
No. FTCA cases are tried to a federal judge, which changes trial strategy and makes experience presenting medical and liability evidence in a bench trial matter more than it would in state court.
Should I take the government’s first offer?
An early offer rarely reflects what a case is worth, particularly with spine injuries that end in surgery. In this case the offer before suit was $50,000 and the judgment after trial was $800,000. Have a lawyer look at the claim before you agree to anything.
Related reading: How long you have to file an injury claim in Louisiana, and what a Louisiana injury case is worth.
Related results: a truck accident case that settled in federal court, and a crushed hand on a drilling rig, also in federal court.
Past results are not a guarantee of future successes. Every case depends on its own facts. Attorney advertising.