Jason Stephens | August 6, 2022 | Personal Injury
After California, Texas has the most United States Postal Service workers delivering mail across the state. This means there are a lot of USPS mail trucks on the roads, both in residential and commercial areas.
More trucks means more opportunities for delivery truck accidents. If you’ve been injured in an accident with a USPS mail truck, you may be wondering how do I sue the post office? Contact a Ft. Worth personal injury attorney for advice on how to get compensation for your damages.
You can file a claim with your insurance company for help with paying for your injuries. After that, the procedure will differ from a car accident with a regular motor vehicle.
Federal Tort Claims Act (FTCA)
Postal workers are federal employees. To pursue a claim of negligence against the federal government, you have to follow the steps set out in the Federal Tort Claims Act (FTCA). The FTCA requires you to first contact the agency involved in the accident and try to work things out through their agency procedures.
Step 1: File a Claim with the United States Postal Service (USPS)
Before you can file a lawsuit against the USPS, you have to first file a claim with the USPS. This is called an administrative claim. Once this process has been completed you can file a lawsuit if necessary.
You have two years from the date of the accident to file the claim. If you miss the deadline, your claim will most likely be rejected and you will lose out on the ability to file a lawsuit for damages.
It is smart to consult with an attorney before filing the claim to make sure you do it in a proper and thorough manner.
How to Fill out Claim Form SF 95
The form used to file a claim is Standard Form 95 Claim for Damage, Injury or Death (SF95).
The form can be found online or you can call the USPS claim phone number and ask them to send the form to you.
Set out the Facts and Damages You are Claiming
State what happened, how you were injured and list any witnesses to the USPS car accident. You will need to provide the specific amount of property and personal injury damage for which you are asking.
You want to give as much relevant information as possible to allow the USPS to effectively investigate your claim. Be thoughtful about the amount you claim. Unless you provide new evidence, you won’t be able to ask for more money in a lawsuit than you asked for in your claim.
Wait for USPS to Respond
The USPS has six months to make a decision on your claim. They might agree that your claim is valid and offer to pay all or some of the requested damages. They could also deny your claim or offer to pay less than what you asked for. Your attorney can help you try and negotiate a higher sum with the government lawyer assigned to your claim.
Not Satisfied with the Decision? File a Lawsuit
The USPS will mail to you its decision on your claim. You have six months from the date it was mailed to file a lawsuit. It’s smart to file the lawsuit sooner than later so you don’t risk missing the deadline.
Step 2: Filing a Lawsuit in Federal Court
Since postal workers are federal employees, your case will be filed in one of the four United States District Courts in Texas. Once the lawsuit is filed, the process is just like any other personal injury case.
This means there will be opportunities before trial to come to a settlement with the government attorneys assigned to defend the case. If no settlement is reached, your case will go to trial.
Consult with an Experienced Texas USPS Car Accident Lawyer
Being involved in a car accident can be stressful and exhausting. Dealing with the federal government, in addition, can add layers of complexity to the situation. You’ll want an experienced personal injury lawyer on your side guiding you through the process.
Contact Our Personal Injury Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107