Federal Tort Claims Act: Understanding Your Right to Sue the Federal Government

Navigating the Process and Deadlines Under the FTCA

When a federal employee or agency’s negligence injures someone, pursuing justice becomes more complicated than filing a regular personal injury claim. Unlike cases involving private individuals or companies, suing the federal government comes with special rules and deadlines under the Federal Tort Claims Act (FTCA). Missing one of these deadlines can completely bar recovery, even if the government was clearly at fault. Understanding the process and time limits is crucial for protecting your right to compensation.

What Is the Federal Tort Claims Act (FTCA)?

The Federal Tort Claims Act is a law that allows individuals to seek financial recovery from the United States government for certain wrongful acts committed by federal employees. Before this law was enacted, the government could not be sued at all due to a concept known as “sovereign immunity.”

Congress passed the FTCA in 1946. It provides a way for individuals to bring claims against the federal government for injuries caused by negligence, wrongful acts, or omissions. These claims apply to government employees who were acting within the scope of their employment. If a government worker’s negligence causes harm, the injured party may be able to recover damages from the federal government itself.

Examples of FTCA cases include:

• Medical malpractice at a federally funded hospital or clinic
• Car accidents involving postal trucks or other government vehicles
• Slip and fall incidents on federal property
• Negligence by employees of federal agencies, such as the Veterans Administration or the Federal Bureau of Prisons

In each of these examples, the FTCA gives injured individuals a path to seek accountability.

Filing an Administrative Claim

Before filing a lawsuit, a claimant must first file an administrative claim directly with the federal agency responsible for the alleged wrongdoing. This is not optional — it is a mandatory first step under the FTCA.

The administrative claim must:

• Be filed within two years from the date the claim accrues, which is usually the date of the injury or the date when the claimant knew or should have known about the injury.
• Include a written statement of facts describing the incident and the basis for the claim.
• Demand a specific amount of money for the damages being claimed.

Although the government provides Standard Form 95 (SF-95) for submitting claims, you do not have to use the form. However, you must include all essential information from the SF-95, including the date, location, cause of injury, description of damages, and the exact dollar amount of compensation requested.

You can learn more about the form and its requirements directly from the U.S. Department of Justice website at justice.gov.

Once the administrative claim is filed, the agency has six months to respond. During this time, the agency may investigate, request more information, or attempt to settle the claim before litigation begins.

Filing a Federal Lawsuit After Denial or Inaction

If the agency denies the claim or fails to act within six months, the claimant then has the right to file a lawsuit in federal district court. This second deadline is just as important as the first.

Under the FTCA:

• If the agency denies the claim, you have six months from the date of the denial letter to file your lawsuit in federal court.
• If the agency does not respond within six months, you can consider the inaction as a constructive denial and file suit any time after that period. However, once an official denial is issued, the six-month clock begins to run.

It is essential to file the lawsuit in the correct federal district court. Filing in a state court or the wrong jurisdiction will likely result in dismissal.

For reference, you can review the statute at 28 U.S.C. § 2401(b), which clearly states that claims must be filed within two years of accrual and that lawsuits must be filed within six months of denial.

Common Mistakes That Can Destroy an FTCA Claim

Many FTCA claims fail not because they lack merit but because claimants miss one of the strict filing deadlines or make procedural errors. Some common mistakes include:

• Filing the claim with the wrong federal agency
• Omitting the dollar amount of damages on the SF-95 form
• Sending the claim to an incorrect address or office within the agency
• Failing to provide enough details for the government to investigate the claim
• Waiting too long and missing the two-year deadline

Unlike other legal matters where courts sometimes extend deadlines for good cause, FTCA deadlines are firm. The courts have consistently held that missing these deadlines deprives the court of jurisdiction to hear the case. In other words, even a valid claim cannot move forward if it is late.

Because of this, it is critical to consult an experienced attorney early in the process to ensure that your claim is timely and properly filed.

Damages Available Under the FTCA

If an FTCA claim is successful, the damages awarded can include compensation for:

• Medical expenses
• Lost wages or future earning capacity
• Pain and suffering
• Property damage
• Wrongful death damages for surviving family members

However, punitive damages are not available under the FTCA, as the law does not permit punishment of the federal government, only compensation for proven losses.

How KAASS LAW Can Help

Filing a claim against the federal government requires knowledge of both state and federal law, along with careful attention to deadlines and procedural rules. The attorneys at KAASS LAW have extensive experience helping clients navigate complex personal injury and government liability claims.

We assist clients in preparing and filing the administrative claim, gathering supporting documentation, and communicating with the appropriate federal agency. If the agency denies your claim or fails to respond, our team is ready to file the lawsuit in federal court to pursue full compensation on your behalf.

Our firm’s personal injury attorneys have extensive experience with the Federal Tort Claims Act and know how to prove negligence, calculate damages, and hold federal agencies accountable. We have represented clients in cases involving the United States Postal Service, Veterans Affairs hospitals, and other federal entities throughout California and beyond.

Contact us today to discuss your potential claim. Call KAASS LAW, leave it to us!