Personal Injury Newsletters

Federal Tort Claims Act — Overview

Under the doctrine of sovereign immunity, the federal government cannot be sued without its permission. The Federal Tort Claims Act (FTCA) is a federal law that waives the federal government’s sovereign immunity under certain circumstances.

Invasion of Privacy–Statutory Actions

The law provides everyone with some basic rights to privacy. Privacy is the general right to be left alone and free from unwanted publicity. Unreasonable invasion of one’s privacy can cause harm.

Liability for a Bystander’s Emotional Distress

In some cases, a bystander may recover for negligent infliction of emotional distress, even though the bystander was not directly involved in an accident. For example, a wife is walking along a city street. By chance, she sees her husband’s car approaching.

The Jones Act — Maintenance and Cure

Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover “maintenance” and “cure” benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen’s compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits.

Wrongful Death & Survival

Every state has some type of wrongful death statute that allows for a decedent’s beneficiaries to recover damages after a defendant willfully or negligently causes the decedent’s death. Survival statutes relate to the claims of the decedent rather than those of his heirs.