does anyone know if a Tort Claim needs to be filed if the case is filed for Federal Court. My attorney seems to think he dosen't need to file the tort claim since we aren't going to file in my county?
does anyone know if a Tort Claim needs to be filed if the case is filed for Federal Court. My attorney seems to think he dosen't need to file the tort claim since we aren't going to file in my county?
if you are going to sue based on a tort action, you have to file it with the courts.
If that does not answer your question, you might try rephrasing it so it makes some sense.
I was charged for a crime and acquitted. We are now filing suit against our local sheriff dept….. my attorney said we will take it to federal court. Do we still need to file a tort claim?
My lack of knowledge or stupidity...what ever. The other attorney that I was going to go with kept on saying over and over that we had to file a “tort claim” within 6 months from the time I was acquitted. I didn’t go with him because he was wanting a substantial amount of money as to the guy I am going with is going to do it on contingency.
Thanks for the reply
I typically would file the tort claim as a matter of precaution. Mainly to give flexibility down the road. A 1983 action does "not" require a tort claim to be filed and is probably why he does not wish to file the tort claim. He has the option to pursue 1983 actions in state court (still exempt from tort claim requirements) at which time tort actions could be filed as well. It may be that he believes federal court is a better arena and he certainly may be correct with his belief. Also, he may believe that adding additional causes is unnecessary and can cloud issues.