Settling Sulema’s Federal Tort Claim

Last September, Sulema was driving south on FM 1479 in the outskirts of Harlingen. A federal law enforcement officer acting in the scope of his employment was driving behind her. As Sulema approached an intersection, she slowed down to make a left-hand turn onto the crossroad. Unfortunately, the federal officer attempted to pass her on her left and struck the driver-side of her car. The force of the collision thrust her car into a nearby fence and left both vehicles undrivable. The responding state trooper who investigated the crash attributed the federal officer’s failure to pass safely as the collision’s sole contributing factor and cited the officer accordingly.

Following the accident, an ambulance transported Sulema to a Harlingen hospital. There, she received emergency medical treatment and underwent several imaging studies. After her discharge, Sulema received weeks of physical therapy and pain management to alleviate her neck and back pain. Her pain and injuries were so severe that her physician recommended and administered several epidural steroid injections.

Because a federal employee’s negligence caused the collision, Sulema’s claim fell under the Federal Tort Claims Act. Under the legal doctrine known as “sovereign immunity,” a private individual cannot sue a government without its permission. The Federal Tort Claims Act is a limited waiver of sovereign immunity that allows a citizen to pursue a cause of action against the United States government or a federal employee under certain limited circumstances.

Immediately after the collision, my office began gathering the evidence necessary to show that the federal officer’s negligence caused Sulema to incur more than past medical expenses. We worked to show that the officer’s negligence also caused Sulema to experience unnecessary neck and back pain that radiated to other parts of her body. Less than a year after the accident, I am happy to report that my office helped Sulema close her claim against the federal government this afternoon.

If someone else’s negligence has injured you or a loved one, you have enough things to worry about. Do not let negotiating with an insurance company be one of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.