Notice of Claim
Notice of claim requirements are time limits that apply to claims in which a governmental agency is, or could potentially be, a defendant in the case.
The Federal Tort Claims Act (FTCA) requires that anyone who plans to file a personal injury lawsuit against the federal government must first send a notice of claim to the appropriate agency before any action is filed in federal court.
Since the government is highly involved in the aviation industry, there are many potential cases in which a notice of claim would be required.
The notice of claim is a written document that clearly describes the reason for the claim and the amount of damages that is being sought. It must also include the type of injury sustained and the alleged role of the government employee in the wrongdoing to allow the agency to carry out its own investigation and determine the validity of the claim.
Claimants have two years from the date of the incident in question to send the notice. Failure to send a notice of claim can result in dismissal of the case.
After sending the notice of claim, the federal agency has six months to either accept or deny the claim. If no response is received, litigation may proceed. If the claim is denied, there is the option to file a request for reconsideration.
Since the government is highly involved in the aviation industry, there are many potential cases in which a notice of claim would be required. For example, if an accident occurs due to the negligence of an air traffic controller, an aviation attorney is required to send a notice of claim to the FAA, the agency that employs and oversees all air traffic controllers.
If one is involved in an aviation accident for which the U.S. government is liable, having a skilled aviation attorney can help ensure the rules outlined by the FTCA are followed, and the victim does not lose their right of action.