rear ended by government van

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Latest post Thu, Feb 7 2013 12:22 PM by Kivi. 5 replies.
  • Thu, Feb 7 2013 12:47 AM

    rear ended by government van

    I was waiting to enter a major highway in NJ, when I was rear ended in my Acura Integra by a homeland security I.C.E. immigration removal unit vehicle.  The next day I started feeling discomfort and pain in my neck and back so I went to get MRI's done and turns out I have 3 herniated disc . I was 26 years old at the time of the accident and never had prior back problems and now a year and few months later I have many issues to deal with that I never had to before. I have tried to go back to work and go about a normal life like I use to but lasted two weeks working until my legs gave out from a pain that was caused by a twist motion I made at work. I've had 3-4 epidural injections and months of physical therapy and still have the pain . Do you think its worth filing a claim against the government and do I stand a chance to get compensated for my injuries and damaged property?

  • Thu, Feb 7 2013 2:44 AM In reply to

    Re: rear ended by government van

    I can't believe you didn't act sooner.  There is a two year statute of limitations for a federal tort claim AND you have to file a claim with the administrative agency before you can file suit.  You need to run, not walk, to find a personal injury attorney.  Once the statute of limitations runs out, you are out of luck entirely.

  • Thu, Feb 7 2013 10:48 AM In reply to

    Re: rear ended by government van

    Everything has been filed in a timely manner, everything was filed within the statute of limitations except that the first injury attorney I hired after a few months dropped my case because he said it was too difficult and costly to litigate against homeland security. I want to know if I stand a chance going up against these guys in recovering for my damaged back, neck, and car . Police report clearly blames them 100 % at fault for this accident. How likely is it that they will get away with not having to take responsibility for what they did to me. The fact that an injury attorney dropped my case when I thought I had a strong case against them really surprised and worried me.

  • Thu, Feb 7 2013 11:01 AM In reply to

    • Drew
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,417

    Re: rear ended by government van

    You have poor odds to navigate and in waters where one slip sinks your ship your odds may be lousy --you are entitled to try  --but seriously all your real options rest with having skilled counsel.

    I'm not sure why your attorney might drop the case--sure its a difficult set of waters --but I suspect there was more to it --or he/she lacked skills in these waters.  You might have had a solid case for a modest  amount and that might not be this  lawyers cup of tea?

    I'd sort thru trying to get a more interested lawyer --I'm sure you can find one who has gone up against federal agency vehicle issues before

  • Thu, Feb 7 2013 11:29 AM In reply to

    Re: rear ended by government van

    The fact that an injury attorney dropped my case when I thought I had a strong case against them really surprised and worried me.

    Have you tried asking the lawyer what about suing Homeland Security is different from suing someone else?  Wouldn't hurt to get more information from him about what he meant by that.  Don't be confrontational or complaining, just be curious (even if what he says starts to sound like BS to you).  You won't get the truth from him unless he feels it's safe to tell you, and I doubt you can force him to take your case again anyway.


  • Thu, Feb 7 2013 12:22 PM In reply to

    • Kivi
    • Top 25 Contributor
    • Joined on Sat, Jan 1 2005
    • CA
    • Posts 6,360

    Re: rear ended by government van

    Find another attorney. When calling law firms, find out if they have any experience with the Federal Tort Claims Act because it was a Dept. of Homeland Security-ICE vehicle that hit you. Some law firms may not want to bother, but with a few phone calls, you should be able to find one with an attorney that has experience in this area.

    Believe me, Postal and Federal vehicles have been crashing into private vehicles (and vice versa) for decades. The Post Office may now be considered a private company for the Federal Tort Claims Act, but you still should be able to locate a law firm with an attorney that has some experience with these claims. This kind of accident is not "that rare".

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