Federal Civil Litigation
Our attorneys have extensive experience handling complex litigation and attaining optimal results for their clients in the areas of wrongful death & personal injury claims, Civil Rights violations, admiralty & aviation torts, and tort and contract claims against the government of the United States. Our legal team also has close working relationships with attorneys and law firms nationally and is utilized as local counsel in complex federal matters.
Contact us today to discuss your federal civil litigation matter with one of our attorneys.
Tort and Contract Claims Against the Government of the United States
Under the Federal Tort Claims Act (FTCA), you have the right to file a claim against the United States if you have been injured in a military or veterans hospital, in an accident with a government vehicle or otherwise injured by a government employee. Claims against the government involve a complex area of law. Acquiring legal counsel that has experience dealing with such claims will make a huge difference in the outcome. For instance, many believe that active-duty soldiers cannot bring a claim if their child or spouse is injured by negligence at a government hospital. That is not correct.
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As a former United States Department of Justice Trial Attorney, Juan Milanés has the unique advantage of having litigated FTCA actions from both sides. He brought over this experience to the private sector and trained our legal team to apply his unique perspective to every FTCA action. This has in turn afforded our clients the optimal chance at maximum recovery in every case. Contact us for more information. Below is a list of common issues and questions that we are presented with in regards to FTCA litigation:
Can I sue the federal government for negligence or am I barred from suing Uncle Sam?
The federal government was immune from negligence (tort) actions until 1946, when Congress enacted the FTCA to provide a right to recover damages from the United States for injuries inflicted by the negligence of federal employees. Although the FTCA does not provide a right to recover in all situations, you can recover money damages in the right situation.
I am married to a soldier and was injured by a negligent military physician. Can a federal tort claim be filed on my behalf?
Yes. If you are the spouse or child of an individual in the military and were injured by the negligence of a military physician or any other federal employee acting within the scope of his employment in the United States, you may file a claim to recover money to compensate you for your injury.
I am an active-duty service member. I was told that I had no right to recover on a federal tort claim. Is this true?
Not necessarily. The good news is that active-duty service members have the same rights as civilians to recover federal tort compensation for negligently-inflicted injuries that are not considered to be active-duty service-connected. For example, an active-duty service member may receive money damages for injuries his or her civilian spouse or child has suffered due to the negligence of military physicians or other government employees. A claim based on such injuries is viewed as deriving from injuries suffered by the civilian.
Within what time period must my federal tort claim be filed?
Federal law requires your claim to be filed within two years of the date you knew or should have known of the injury and its cause. State law limitations periods do not apply. Consequently, if the injury was to a minor, you may not rely on state statutes permitting a minor to postpone the filing of suit until he or she becomes an adult. Failure to take steps to promptly investigate the potential claim is known as "sitting on your rights" and may be a valid reason for the United States to deny your claim as time-barred. In some instances, there are ways to extend the period for filing a claim.
Of equal importance is the time period in which you may file a law suit after the administrative process of the government has been completed. Generally, you will only have 180 days to file a lawsuit in the appropriate United States District Court once the administrative claim has been denied or a final decision has been made on your claim.
What if I was injured by a federal employee acting abroad? I heard that the Federal Tort Claims Act does not apply to claims arising in foreign countries.
That is true. However, you have a right to file a claim for compensation under a companion statute, the Military Claims Act. If a Military Claims Act claim is denied, however, there is no right to sue the United States. However, the United States must exercise good faith in resolving Military Claims Act claims. Contact us and we can discuss the viability of this option to your particular case.
What is the difference between obtaining federal tort compensation and obtaining the disability or death benefits that may accrue to me or my family as a result of my injuries?
The right to receive federal tort compensation is entirely different from the right to receive administrative benefits under the Veterans' Benefits Act or similar federal disability and death benefit statutes. Your entitlement (if any) to administrative disability and/or death benefits does not depend on whether the injury was negligently-inflicted. Further, when available, these benefits are usually substantially less than a federal tort settlement or award would be.
How much will it cost to hire the Law Offices of Juan Milanés?
Your confidential initial consultation is free, and there is no cost associated with our investigation into whether your claim has merit. If your claim is successful, the attorneys' fee is limited by federal law to 20% of any amount recovered at the administrative claims stage and to 25% of any amount recovered if suit is filed. You will also be responsible for out-of-pocket expenses paid to prosecute your claim.
I am stationed far away from the Washington, D.C. metro area. Would I be better served by a local attorney?
Not necessarily. As a potential claimant, your first requirement is a thorough investigation into the merits of your potential claim. Due to the location of our Washington, D.C. metro area office, we can perform that service expeditiously as the military claims services that decide the vast majority of substantial claims against military health care providers are located within a convenient distance of our office. Consequently, we are able to promote the successful resolution of your claim by meeting face-to-face with the responsible military claims officers.
Aviation Torts
Federal aviation law is a complex field requiring specialized knowledge and skill. Our legal team, led by Juan Milanés, who acquired significant experience handling aviation cases during his years as a civil litigation trial attorney with the U.S. Department of Justice, has the skill to handle the complex litigation involved in aviation disasters. Our attorneys review all relevant government reports, including the National Transportation Safety Board (NTSB) report, and conduct a thorough and independent investigation, looking for evidence of pilot error, air traffic control error, aircraft product failure, failure of runway lighting and/or wind indicators, inadequate pilot training and negligent maintenance. Suit is filed on behalf of our clients against the FAA, the airline or aircraft owner, the air frame manufacturer or the manufacturer of failed parts such as engine fuel lines. Our attorneys take pride in representing clients and family members injured or killed in commercial and private plane crashes because they believe that families who suffer the loss of a loved one due to negligence or recklessness deserve full and fair compensation.
According to statistics put together by the Aircraft Crashes Record Office (ACRO), aviation accidents take the lives of hundreds of people every year. The majority of these plane accidents take place during takeoff and landing. Most airplane accident catastrophes kill all passengers and crew members and cause massive destruction. While travel by airplane is considered one of the safest modes of transportation, accidents do occur every year, leaving families to grieve their losses. When an airline disaster occurs, victims and their families need the representation of a committed legal team to help them accomplish their goals, whether those goals include proceeding to a trial to hold a defendant publicly accountable or obtaining a quick and fair settlement.
If you are intending to file a claim against the federal government, an airline or a helicopter company to recover damages suffered by you and your family, please contact us. The speed with which you pursue your aviation accident claim and the manner in which you do so can dramatically impact the compensation you receive for your loss. Our legal team can walk you through the process in simple, concise language and make you feel at ease so that you can piece your life back together and simultaneously pursue your claim in the most vigorous way possible.
Civil Rights Violations - FEDERAL SECTOR EEO Cases
Equal Employment Opportunity (EEO)
EEO laws enforced by the federal government include six main categories:
Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex or national origin.
The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.
Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibits discrimination against qualified individuals with disabilities who work in the federal government.
The Civil Rights Act of 1991, which provides for monetary damages in cases of intentional employment discrimination.
As the former EEO Director for the Executive Office for U.S. Attorneys at the U.S. Department of Justice, Juan Milanés has been responsible for counseling, investigating and mediating hundreds of Federal Sector EEO cases. He has also had notable success in the private sector trying these types of cases. If you have you been subjected to discriminatory treatment at work, at a place of public accommodation or in your search for housing, wrongfully terminated or have been denied access to services or physically limited by architectural barriers, contact us and let us help you. We are passionate about protecting our clients' civil rights. We will review the facts and explain your best legal options.
Sexual Harassment
Sexual harassment, like other forms of discrimination or harassment on the basis of race, national origin, age or disability, is barred by federal law under Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Examples of sexual harassment include unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. The acts constitute sexual harassment when they explicitly or implicitly affect an individual's employment, unreasonably interfere with an individual's work performance or create an intimidating, hostile or offensive work environment.
Federal law recognizes two basic types of sexual harassment. The first type of sexual harassment is called hostile work environment sexual harassment. This form of harassment occurs where an employee, because of his or her gender, is subjected to an atmosphere of unwelcome conduct (this can be words or actions) that unreasonably interferes with the employee's work performance or otherwise creates an intimidating, hostile or offensive work environment. The second form of sexual harassment is called "quid pro quo" sexual harassment. This form of sexual harassment occurs where an employee is required to submit to unwelcome sexual conduct as a condition of his or her employment, or in order to gain some tangible job benefit. For instance, if a superior demands that you have sex with him in order to be considered for a promotion then he would be guilty of quid pro quo sexual harassment.
Generally, in order to violate the law, the harassing behavior must establish certain criteria. First, the sexual harassment must be unwelcome and offensive to the complaining party/employee. Therefore, if the complaining party/employee has participated in telling the sexual jokes that she is complaining about or has engaged in a consensual sexual relationship with the co-worker she is complaining about, this evidence will be used by the employer to argue that the harassment was welcome and that the sexual acts were consensual. Second, the complaining party/employee must show that the employer knew or should have known of the sexual harassment. This does not mean that the complaining party/employee must have complained about the sexual harassment in order to recover. For example, if the harassment occurred to other employees in the past or the harassment occurred in front of supervisors, etc. this may constitute sufficient notice to the employer. Third, the employee must establish that after the employer knew or should have known of the sexual harassment, they failed to take prompt remedial action.
If you feel you have been the victim of sexual harassment, contact us. You do not have to endure such harsh treatment. We are here to help you.
Consumer Protection Laws
If a foreclosure notice has been issued against your property by your mortgage company or lender (in most cases a bank or Substitute Trustee), your lender can obtain legal title to your property if you fail to hire counsel in a timely fashion. If you want to defend your property against a foreclosure, our legal team has the experience and knowledge to help you. We will identify available foreclosure defenses and options and go over them with you.
Exercising your right to assert any and all defenses regarding either the foreclosure notice or any other issues that involve the mortgage is crucial. Affirmative legal action and claiming foreclosure defenses can delay the foreclosure of your property and allow more time to explore alternative solutions. The best chance you have for success is to contact us upon initiation of the foreclosure process.
It must also be noted that your mortgage company or lender(s) may initiate a foreclosure against your property even if you're in communication with them or in the middle of a loan modification process. If this is the case, we can gain you the time you need to complete the loan modification process. If you are subsequently denied a loan modification, we can counsel you as to your available options, including litigation, executing a deed in lieu of foreclosure, reorganizing or liquidating the property under Bankruptcy protection and other possible ways of limiting your personal liability.
