Everyone loves to complain about government and the closer to Washington the louder the clamoring.  Town hallers holler the feds wreck everything they touch.  My recent experiences with the federal tort claims process suggest otherwise.

People injured by federal employees must submit their claims for administrative determination.  Claimants may file suit only if this process fails to reach a settlement.

Attorney’s fees in federal tort claims are regulated.  Instead of the usual 33% (pre-lawsuit) or 40% (if a lawsuit is filed), fees in federal claims are capped at 20% at the administrative level and 25% if suit is filed.  Many lawyers shy away from federal tort claims because of these fee limitations.

Recently, I handled two federal tort claims. In one, an Army recruiter caused a car crash that injured a young medical office assistant.  In the other, a middle-aged maintenance worker’s eye was damaged by a procedure that went badly at the VA Hospital.  In each case, the negligence was apparent and the injury substantial.

In most insurance claims, an overworked (underpaid, often unappreciated) adjuster collects documents, and all contacts are by phone or mail.  The adjuster may take a recorded statement (by phone) to cover the basic liability facts.  Once documents are gathered, a committee at the insurer evaluates the claim.  A brief period of haggling follows, after which the case either settles or suit is filed.  The process is so impersonal it is antiseptic.  You would hardly know real people were involved.  Most adjusters have little discretion or personal interaction.  This is unfortunate, as many adjusters are excellent at evaluating claims, and their skills are being wasted.

In both my clients’ federal claims, I filed the proper forms, with the Army in one and the Veterans Administration in the other.  In each case, a government lawyer called to request an interview with my client.  Not a telephone recorded statement, but a real, in-person conversation.  In one case, an Army captain and his assistant drove from San Antonio to meet with my client in my office.  The VA lawyer gave me the choice of coming to my office or meeting at hers.

In both meetings, the attorneys for the government were kind, considerate and respectful.  They expressed regret that my clients were injured and assured us they would make every effort to resolve the claim.  Over the next several months, each government lawyer did exactly that.  From my conversations and exchange of information, I witnessed thorough and thoughtful evaluations of the claims, followed by friendly and collegial negotiations.  Each case settled for a reasonable amount.  Considering the reduced fee and minimal expenses involved in the administrative process, my clients came out with excellent recoveries.

It may be unfashionable to say nice things about government bureaucrats, but all of us depend upon city, county, state and federal employees to provide services ranging from garbage collection to national defense.  So much of what we take for granted in our daily lives is the product of a government program – schools, clean water, good roads, safe buildings – the list is almost endless.  While there is room for waste, incompetence and inefficiency in every organized human activity, public and private, we all benefit from good government.

I felt pride in my country for the professional and effective manner my two clients’ claims were addressed by the federal government.

In a related story, the only class of citizens who have no right to bring tort claims against the federal government are active duty military personnel.  Creating the “Feres Doctrine,” the Supreme Court of the United States held in 1950 that members of the active duty military are prevented from making tort claims against the government.  Rather than restricting claims to prevent damage to military effectiveness or morale, the Court painted with a broad brush and disallowed all claims.  The family of Nathan Hafterson, who died as a result of alleged malpractice at Naval Hospital Jacksonville, is seeking a review of that doctrine in a case now pending before the Supreme Court.  Let’s hope they get it.

Our men and women in uniform, and their families, deserve a reconsideration of the Feres Doctrine.  Their service and sacrifice should be rewarded, not be punished.