Ante Litem – Federal
What is federal ante-litem?
When you are injured in an accident involving a private party, you have the legal right to file a civil lawsuit seeking compensation for injury and property damage. The same is true when you are hurt by a member of the federal government. In both cases, a statute of limitations is present. When you want to sue the government, however, there is a second step: ante-litem.
Federal ante-litem is essentially a notice to the government that you intend to file a lawsuit. You are telling the government that you believe them to be liable for your injuries and/or property damage and you desire to seek compensation. Your notice of intent to file a claim must occur within two years of the date of the incident.
When your intent is to sue the federal government, the first step is the filing of Form 95. This is the form that tells the government that you contend they are liable for damages. Once the claim is filed, the government has the option of either denying or accepting the claim. There is a six month time frame in which the decision must occur.
Should you file a lawsuit against the government without first filing Form 95, the case may be dismissed due to a lack of jurisdiction.
If you have been injured or sustained property damage in Atlanta and you believe the at-fault party to be an employee of the government, an experienced personal injury attorney can assist you in filing the correct forms within the allotted time frame.