do you have to serve the attorney general when suing the v.a.

Things get tricky when one of your defendants is the Attorney General of the United States. A reading of Rule 4 would seem to mean that if the U.S. Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

Full Answer

Should I serve the Attorney General of the United States?

Apr 08, 2021 · If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the Department of Veterans Affairs. If the negligent health care provider in your case committed malpractice at a VA hospital, the case may be governed by the Federal Tort Claims Act (FTCA).

What happens when you sue the Attorney General?

The Office of the Attorney General provides legal services to the Commonwealth’s agencies, boards, commissions, colleges and universities. They are the Commonwealth’s law firm, defending the interests of Virginians and Virginia government and also work with law enforcement throughout the Commonwealth to prepare for emerging public safety ...

Can the Assistant Attorney General accept service of summonses and complaints?

are filed against doctors who have failed to use reasonable care to treat a patient. 2. II. IS IT POSSIBLE TO SUE THE VA FOR MEDICAL MALPRACTICE? The same is true for doctors and staff working in hospitals, clinics, and facilities under the control of the Department of …

Can a plaintiff want a service of process from the government?

If you believe that an attorney, claims agent, veterans service organization (VSO) representative, or other individual or organization has acted in an illegal or unethical manner, you can file a complaint regarding their conduct. The Office of General Counsel (OGC) of the Department of Veterans Affairs (VA) is authorized to

Can you sue the VA for negligence?

Can You Sue the VA for Medical Malpractice? The FTCA allows veterans and their families to file a medical malpractice claim against VA doctors and employees if their negligent care caused an injury. "Negligence" means the lack of ordinary care. "Medical malpractice" means negligence committed by a medical professional.

Can the VA be held liable?

If an employer-employee relationship is present, the government may be held liable. If the injury was caused by an independent contractor or his employee, the government is not liable. The independent contractor, and the employee, can still be sued in their private capacities but not under the FTCA.

How do I file a tort claim against the VA?

The first step is to file an administrative FTCA claim with the VA. This is done using Standard Form 95, Claim for Damage, Injury or Death. The statute of limitations for filing this claim is two years from the time of injury. Unlike most other VA claims, you do not file this application with your VA regional office.

Can you sue the VA in state court?

Suing The VA Quick Answers – FAQs You can absolutely file a claim against the VA if you have suffered because of their negligence, to receive compensation for economic loss, and pain and suffering for example. That said, you can only file a lawsuit within 2 years of the injury, so don't wait too long!

Can a veteran sue the government?

Active-duty military service members may not file suit against the United States Army, Navy, or Air Force in federal court. ... United States, the Supreme Court created a judicial exception that bars active-duty members of the Armed Forces from suing the government via the FTCA.Apr 29, 2021

Can a veteran sue the military?

Retirees and veterans, civilian employees, dependents, and unaffiliated civilians are technically all eligible to sue the military, though again, actually accomplishing that is typically very difficult.

What are the 3 types of tort?

Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability).

What are the 4 elements of negligence?

Negligence claims must prove four things in court: duty, breach, causation, and damages/harm.Nov 12, 2019

What are some examples of tort law?

What are Some Examples of Torts?Civil assault or civil battery, depending on the facts of the case.Intentional infliction of emotional distress.False imprisonment.Trespass to land (real property) or trespass to chattels (personal property)Products liability.Wrongful death.Defamation.Invasion of privacy.More items...•Oct 7, 2020

Can I sue the VA for emotional distress?

Virginia recognizes a cause of action for the intentional infliction of emotional distress (IIED) where the following four elements are met: (1) the defendant's conduct (statements or actions) was intentional or reckless; (2) the conduct was extreme, outrageous and intolerable; (3) a causal connection exists between ...

Is there a cap on federal tort claims?

The FTCA itself does not place a cap on the amount of damages recoverable against the federal government. However, the government's liability is limited in the same way that a private party would be limited under the relevant state law.

How do I sue a county in Virginia?

In addition to regular pleading rules and deadlines that apply to personal injury lawsuits, under Virginia law an injured party must file a written statement with the city or county that is the target of the lawsuit that describes the nature of the accident victim's claim and the time and place where the injury ...