How are USPS damage claims paid? The United States Postal Service (USPS) pays damage claims after thorough documentation, accurate estimation of losses, and filing of the FTCA claim. If denied, you may submit additional information or may need to file a lawsuit against the government.
A Las Vegas delivery truck accident lawyer can help file a successful initial claim or overcome the challenges of being denied. Call today to discuss the unique details of your claim.
Document Fault in the Accident
Filing a claim against the USPS is possible when you can demonstrate that the at-fault party was a federal government employee engaging in work-related tasks at the time of the incident. For example, a mail truck hit your vehicle while delivering mail. This process falls under the Federal Tort Claims Act (FTCA).
This law enables the federal government to act as a self-insurer, meaning it does not have to follow state insurance laws for its operations, including motor vehicle insurance requirements. In addition, it recognizes that the federal government can be held liable for negligent or wrongful acts committed by its on-duty official employees.
The first step, then, in filing a claim for damages is to demonstrate how the USPS is at fault. Evidence from the accident site, witness statements, and police reports is a good starting point for determining fault.
If you are working with a car accident lawyer, your legal team will also work to gather any other evidence that clearly outlines fault. Showing that the driver failed to obey traffic laws, was distracted, or otherwise caused the incident to occur is critical.
Determine Your Losses in the Accident
It is up to you to determine what your losses are in the accident with the USPS. Document all economic losses with clarity and work closely with your attorney to accurately calculate all non-economic damages based on the severity of the incident and losses.
You can see any damages you can demonstrate were caused by the accident with the USPS. Some examples include:
- Medical costs related to the accident, both current and future losses
- Lost income from missing time at work
- Diminished earning capacity
- Disfigurement
- Pain and suffering
- Mental anguish and emotional trauma
- Loss of consortium
Be as detailed and clear as possible in your claim. This information will be verified by those reviewing your claim, and any mistakes or omissions could lead to a denial.
Your car accident lawyer will be comprehensive in this process with you, looking at every factor that contributed to the incident. Our Las Vegas truck accident lawyer can answer your questions.
Filing an FTCA Claim
The FTCA claim process enables you to hold the government accountable for the losses its employees caused to you. This is done by submitting Standard Form 95. This form requires you to provide all of the details you have about the incident and the losses.
You will need to provide a specific demand for compensation or a letter that documents the specific losses you are requesting. Typically, this should include copies of medical bills and records of missed time at work, photographs you took of the incident and its damages, witness statements, doctor’s statements, and any corresponding proof of damages you have.
Once it is submitted with all necessary details, you must then wait for a decision to be made. The federal government has up to six months from the date you submit the form to decide whether they will pay your demand or not. It may seem simple enough, but there are plenty of ways the federal government may deny your claim.
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USPS Damages Claims: Submit Additional Information If Denied
The FTCA claim may be denied if there is a lack of information or evidence to substantiate your accident losses. You will receive documentation in the mail about what the federal government’s decision was and why. This information helps guide us on the next steps to take.
It is possible to request a reconsideration of your claim. In doing so, you should ensure you provide any missing or inaccurate information or alter your claim to reflect the requirements of the government.
They may decide to deny your claim, for example, if you cannot substantiate your injuries or the type of care you are receiving is not directly related to the accident. In this case, providing information from your doctor that serves as proof could be helpful.
You have just six months from the date of the denial to take this action. If you do not take action within those six months, you will no longer have the right to take action at all. We encourage you to hire an FTCA claim attorney to help you resubmit your claim in this manner to minimize further denials.
Filing a Lawsuit Against the Government
If you are denied and have submitted all the necessary details, or if you are denied again, you can file a lawsuit against the government for your losses related to a USPS damage claim.
A lawsuit will need to be filed in a federal district court, which has numerous stipulations and requirements that must be met. You must take this action within six months of the date on the denial letter you received.
Going to court is not a simple process, and the burden of proof is entirely on your shoulders. There will be detailed steps to follow and specific dates to adhere to. By hiring an attorney with federal court district experience, you are putting yourself in a better position to get the results you need.
If you go to court, the judge’s decision about what your rights are is the final decision. Ensure you have a solid case that clearly documents your losses and details any concerns that led to the initial denials. For more information, please visit our FAQs section.
Set Up a Consultation with an Attorney to Learn More
If you were hurt due to the negligence or wrongful acts of a postal worker, filing a claim for USPS damages can be challenging.Â
By working with a Las Vegas USPS truck accident attorney from Shook & Stone Injury Lawyers, you minimize the risk of complications and may be able to secure compensation sooner.
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