The main difference between personal injury cases against the United States Postal Service (USPS) and regular defendants is the legal process involved in pursuing such cases.
When pursuing a personal injury case against the USPS, there are several important differences to consider:
1. Sovereign Immunity: The USPS is a federal agency and is protected by sovereign immunity, which means it cannot be sued without its consent. However, the Federal Tort Claims Act (FTCA) waives this immunity and allows individuals to sue the USPS for personal injury caused by the negligence of USPS employees.
2. Notice Requirements: Before filing a lawsuit against the USPS, a claim must first be filed with the agency within two years of the injury. This notice must include specific information about the injury and the amount of damages sought. If the USPS denies the claim, a lawsuit can be filed within six months.
3. Venue: Lawsuits against the USPS must be filed in federal court, rather than state court. This means that your attorney needs to be barred (licensed) to practice in federal court.
4. Damages: The United States government, USPS, is self insured. This means that there is no set bodily injury insurance limits, compared to someones personal automobile insurance policy which often limits the recovery for your injuries to the amount of the policy limits.
It is also worth noting that cases against the USPS may involve unique factual issues related to postal regulations and procedures, such as the proper handling and delivery of mail, that may not be present in cases against regular defendants.
It's important to consult with the Right Personal Injury Attorney who is licensed in federal court and has experience handling claims against the United States Postal Service (USPS). The Right Law Firm can help you navigate this complex type of personal injury case, understand the specific laws that apply in your case and provide guidance on how to proceed.
