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We are experienced injury attorneys who will give you a free case review and help you find the best attorney for your case. Call us any time at 312-346-5320.

Imagine sitting at a stoplight in Chicago when a United States Postal Service (USPS) mail truck rear-ends you. Your neck and back are immediately injured. You visit the ER, follow up with your doctor, and begin months of physical therapy.

If this were a normal car accident, your phone would be ringing off the hook with “ambulance-chasing” lawyers. But after a USPS crash, you notice something strange: no one is calling you. Even worse, when you call a few local personal injury lawyers, they tell you they can’t take your case.

Why are lawyers turning down a clear-cut accident? It comes down to a strict federal law called the Federal Tort Claims Act (FTCA).

Key Takeaways: USPS Accident Claims in Illinois

  • The Federal Government is the Defendant: Because the USPS is a federal agency, you cannot sue the driver directly in state court. You must file a claim against the United States under the FTCA.
  • Attorney Fees are Capped: Federal law limits attorney fees to 20% for administrative settlements and 25% if a lawsuit is filed.
  • Strict Administrative Process: You must exhaust a mandatory 6-month administrative process before you are allowed to file a lawsuit in federal court.

What is the Federal Tort Claims Act (FTCA)?

When you are involved in a car accident with a standard commercial vehicle or a private citizen in Illinois, your case is governed by state personal injury laws. However, the federal government has “sovereign immunity,” meaning it cannot be sued unless it gives permission.

The Federal Tort Claims Act (FTCA) is the legal framework that grants this permission. It allows citizens to recover compensation if they are injured by a federal employee acting within the scope of their employment.


Why Do Many Illinois Lawyers Refuse USPS Accident Cases?

If you have been turned away by other law firms, it isn’t because you don’t have a valid case. Many personal injury attorneys avoid federal government accidents for two primary reasons:

1. Drastically Reduced Attorney Fees

In a typical Illinois car accident case, personal injury lawyers operate on a contingency fee, usually charging 33% to 40% of the final recovery. Under the FTCA, federal law strictly caps attorney fees:

  • 20% of an administrative settlement.
  • 25% of a federal court judgment or court-approved settlement.

Because the financial payout for the law firm is significantly lower, some attorneys choose not to take them on.

2. Harder Work and Strict Procedures

FTCA cases require significantly more administrative work than standard state-court insurance claims.

  • No Direct Lawsuits: You cannot simply file a lawsuit in your local county courthouse.
  • Federal Court Hurdles: If the claim doesn’t settle administratively, the case must be litigated in U.S. District Court, where the rules of evidence and procedure are notoriously strict.
  • Slow Government Response: You are dealing with the U.S. Attorney’s Office and federal claims adjusters, who frequently take months to review filings.

How to File a Claim Against the USPS in Illinois

Navigating a federal injury claim requires precise adherence to a step-by-step timeline. Missing a single deadline can permanently cause you to lose your right to compensation.

Step 1: File Standard Form 95 (SF-95)

To start your claim, your lawyer must file an administrative claim using Standard Form 95 directly with the USPS National Tort Center. This form must state the exact nature of your injury and include a “sum certain”—the precise amount of financial damages you are demanding.

Step 2: The Six-Month Waiting Period

Once the federal government receives your SF-95, they have exactly six months to investigate the accident. During this period, they can choose to admit fault and offer an administrative settlement (where attorney fees are capped at 20%), or they can deny the claim.

Step 3: Moving to Federal District Court

If the USPS denies your claim or fails to offer a fair settlement within those six months, you finally gain the right to file a formal lawsuit. Your case will be filed in federal court (such as the U.S. District Court for the Northern District of Illinois if the crash happened in Chicago).


We Connect You with Illinois Lawyers Who Handle FTCA Claims

While some personal injury lawyers shy away from federal cases because they demand more work for less pay, we view it differently.

Once an experienced attorney understands the federal system, managing an FTCA case is straightforward. We work closely with top-tier Chicago car accident lawyers who specialize in federal vehicle crashes, understand the inner workings of the U.S. Attorney’s Office, and actively welcome these cases.

You deserve full compensation for your medical bills, lost wages, and pain and suffering—regardless of whether a private citizen or a federal mail carrier hit you.


Frequently Asked Questions (FAQs)

What is the statute of limitations for a USPS accident in Illinois?

Under the FTCA, you must present your administrative claim (Form 95) to the federal agency within two years of the date of the accident. If your claim is denied, you have exactly six months from the date of the denial letter to file a lawsuit in federal court.

Can I sue the mail carrier individually?

No. Under the federal Westfall Act, the United States government is substituted as the sole defendant in place of the individual federal employee, provided the employee was driving as part of their official job duties.

Will my USPS accident case go to a jury trial?

No. One of the unique rules of the Federal Tort Claims Act is that all trials are bench trials. This means your case will be heard and decided strictly by a federal judge, not a jury of citizens.

So if you were hit by a USPS truck or any other Federally owned vehicle, do not fret. We can help you find an excellent lawyer who will protect you and get you compensated for your injuries. Call us any time at 312-346-5320 for a free review of your case.

When someone reaches out to us looking for help with a personal injury case in Illinois, our top priority is connecting them with the right attorney for their specific situation. Many lawyers advertise that they handle personal injury matters, but only a select number consistently deliver strong results and high-quality client service—especially in cases involving serious injuries or wrongful death.

Personal injury cases can involve everything from car crashes and truck accidents to slip-and-falls, construction injuries, or product liability claims. No matter the cause, these cases are often aggressively fought by the insurance companies who don’t want to make big settlements. That’s why having a proven, experienced attorney on your side can make all the difference.

Part of our role in making a strong referral is to understand what happened in your accident, who may be legally responsible, the extent of your injuries, and any unique issues involved. We also take time to learn what matters most to you. For some people, location is a concern. The good news is that with today’s technology and how personal injury firms operate, it’s rare that you’d need to travel far—or at all—to work with a top-notch lawyer.

Another common concern we hear from clients is about language. Many people want to make sure they can communicate clearly with their attorney without relying on a friend or family member to translate. That’s totally understandable. If you need a Spanish-speaking lawyer, for example, we work with elite personal injury firms in the Chicago area and across Illinois that have Spanish-speaking attorneys and staff.

You shouldn’t have to sacrifice quality just to feel comfortable—and thankfully, you don’t have to. The lawyers we recommend are not only successful in court and skilled in negotiations, but also experienced in working with clients from all backgrounds. They’ll take the time to explain the process, answer your questions, and make sure you feel supported.

If you have a personal injury case you’d like to discuss, contact us. We can help you understand your options, and if it makes sense, point you to a lawyer who fits your needs. There’s no cost for the consultation.

Cuando alguien nos contacta buscando ayuda con un caso de lesiones personales en Illinois, nuestra prioridad es conectarlo con el abogado adecuado para su situación específica. Muchos abogados se anuncian como expertos en lesiones personales, pero solo unos pocos ofrecen constantemente resultados sólidos y un servicio al cliente de alta calidad, especialmente en casos de lesiones graves o muerte por negligencia.

Los casos de lesiones personales pueden abarcar desde accidentes automovilísticos y de camión hasta resbalones y caídas, lesiones en la construcción o reclamos por responsabilidad del producto. Sin importar la causa, estos casos suelen ser disputados agresivamente por las compañías de seguros, que no están dispuestas a ofrecer grandes compensaciones. Por eso, contar con un abogado con experiencia y trayectoria de su lado puede marcar la diferencia.

Parte de nuestra función para obtener una buena recomendación es comprender qué sucedió en su accidente, quién podría ser legalmente responsable, la gravedad de sus lesiones y cualquier problema particular involucrado. También nos tomamos el tiempo para comprender lo que más le importa. Para algunas personas, la ubicación es una preocupación. La buena noticia es que con la tecnología actual y la forma en que operan las firmas de lesiones personales, es raro que necesites viajar lejos, o incluso viajar, para trabajar con un abogado de primer nivel.

Otra preocupación común que escuchamos de nuestros clientes es el idioma. Muchas personas desean comunicarse claramente con su abogado sin depender de un amigo o familiar que les traduzca. Es totalmente comprensible. Si necesita un abogado que hable español, por ejemplo, trabajamos con firmas de lesiones personales de élite en el área de Chicago y en todo Illinois que cuentan con abogados y personal hispanohablante.

No debería tener que sacrificar la calidad solo para sentirse cómodo, y afortunadamente, no tiene por qué hacerlo. Los abogados que recomendamos no solo tienen éxito en los tribunales y son hábiles en las negociaciones, sino que también tienen experiencia trabajando con clientes de todos los orígenes. Se tomarán el tiempo para explicar el proceso, responder a sus preguntas y asegurarse de que se sienta apoyado.

Si tiene un caso de lesiones personales que le gustaría discutir, contáctenos. Podemos ayudarle a comprender sus opciones y, si le conviene, recomendarle un abogado que se ajuste a sus necesidades. La consulta es gratuita.

See also: Best Spanish Speaking Medical Malpractice Lawyers In Chicago

Most of the attorneys I know are great, but truth be told, some are just awful.  The worst ones usually are the attorneys who put their own bottom line above a potential client and try to take on a case in an area of law they either just dabble in or know nothing about.  They usually do it because they think they are smart, wrongly believe the case will be easy and most of all want to make money.  We see this the most with attorneys who pretend they are Chicago personal injury lawyers.

Usually what happens is an attorney handles basic stuff like traffic tickets.  They help out a client who then says, “My cousin was hurt in a car accident as a passenger.  Can you help him?”  What the lawyer should do is say, “I don’t handle those cases” or “I don’t handle those cases, but know someone who does and can refer you.”  Instead in their mind they think, “I’m not making a ton of money and since they were the passenger, how hard can it be?”

The truth is that it’s a lot harder than they think.  First off, it takes skill and experience to identify all the proper insurance available, especially when a commercial vehicle is involved.  Second, there’s the matter of making sure the client is treating with a proper doctor and getting the care they need.  Third is having the experience needed to investigate an accident scene and/or document an accident properly.  Most of all though, the first thing an insurance company does when they get a new case is look up the lawyer.  If they realize the attorney is inexperienced, they will play hard ball and if they make an offer it will usually be a low ball one.

On the other hand, if your attorney has a track record of success and experience in dealing with that insurance company as well as a history of taking cases to trial when needed, the insurance company is more likely to be fair.

The other issue we see is that some lawyers who take these cases really need money.  You might think that most attorneys are rich, but the truth is that many are struggling.  A recent caller to my office needed a surgery from a car accident and her lawyer was trying to get her to settle the case for a low dollar amount. He wanted money now and didn’t care that the case would be worth more to him and the client by waiting.  He didn’t care that it was best for the client to do nothing now.  Fortunately she sought a second opinion.

So when you get an attorney who dabbles in personal injury, the client gets screwed.  These lawyers are frauds.  Do not hire the first lawyer you can hire.  Get the best one you can hire. You wouldn’t have a doctor who delivers babies operate on your back.  You don’t want a general practice lawyer for a serious injury case.  Any attorney who takes this case without a track record of success is looking out for themselves, not you.

If you need help finding the right personal injury attorney or just have questions, call us any time at 312-346-5320 to speak with one of our lawyers for free.  We cover all of Illinois and tell it like it is.  We don’t promise a result, but do guarantee we will look out for what is best for you and you alone.

It’s an Uber rider’s nightmare; sitting in the back seat, when an accident occurs due to the driver being distracted. In many cases, ride share drivers will work for both Uber and Lyft. With both of these companies relying on cell phone technology, some drivers will use two phones at once and others are new to town and have no idea how to navigate without the help of their phones. So, what happens if you are that dreaded rider in the back when an accident occurs?

I was once in an Uber in Chicago, with a driver that didn’t know how to get from the Loop to Wrigley Field. Constant eye contact on his phone/GPS trying to figure his way around a new city instead of safely delivering me to my destination. Often, people will relocate to a new city and sign on to be an Uber or Lyft driver because it is an easy way for them to make quick money. The problem of course is they are completely unaware of their surroundings when they are so reliant on the app or GPS to get them where they are going or to pick up their next fare. There have been cases in other cities of pedestrians hit by Uber and Lyft drivers because the driver was too busy looking for another fare, to look up and see the pedestrian crossing the street. One accident left a man sitting in the back of an Uber with a broken leg after the driver ran a red light. Another left a woman with a broken collarbone after a Lyft driver was struck by another driver, who ran a red light.

Both Uber and Lyft have similar minimum insurance coverage of $1 million dollars in coverage for death, personal injury, and property damage. If you are the rider in an Uber or Lyft accident, the coverage can establish a claim against the other driver involved in an accident if they were at fault. This coverage will cover not only a passenger injured while in an Uber or Lyft, and will also cover damages if an Uber or Lyft driver causes damages or injury to your car. If you have been involved in an accident as a passenger,  pedestrian, or another vehicle struck by an Uber or Lyft driver, give us a call at (312) 346-5320. We will put you in touch with an attorney in your area who will make sure your medical bills are covered as well as any additional compensation you may be due including lost time from work.

See also: Chicago Pedestrian Accident Lawyer: 6 Key Things to Know

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