The Federal Tort Claims Act (FTCA), passed in 1946, allows people to sue the United States government for certain wrongful acts committed by federal employees. Before this law, a doctrine called “sovereign immunity” prevented people from suing the government unless the government specifically allowed it by waiving immunity. Because the government was immune from liability, if someone was harmed by a government employee, they could not go to court. The FTCA changed this by making it possible for injured people to get compensation through the courts if they can prove they were harmed by a federal employee.
Under the FTCA, the government takes responsibility for injuries caused by federal employees’ careless or wrongful actions when they happen in the scope and course of their official work. This means the government acts like a private employer, who can be held responsible for the actions of their employees. People can sue the government for money damages, just as they would a non-governmental business. The FTCA does not create new types of lawsuits—it simply allows people to sue the government for certain wrongs that would already be valid claims under state law. The state law where the claim arose dictates what the injured person can claim and what compensation they may receive.
The FTCA covers many types of claims but has important limits on when the government can be held responsible. For example, the “discretionary function exception” means the government is not liable for actions based on policy decisions or judgment calls. There is also the “intentional tort exception,” which prevents people from recovering damages for intentional acts like assault, unless a law enforcement officer is involved. Other exceptions apply to military combat, incidents in other countries, and actions by independent contractors (since they are not government employees under this law). Additionally, federal employees themselves are usually protected from being personally sued for actions they take as part of their job.
The FTCA has specific steps that must be followed before someone can sue. A person must first file an administrative claim with the federal agency involved, giving the government a chance to review and settle the claim without going to court. There are strict deadlines and rules to follow in this process, and missing any of these can mean losing the right to file a lawsuit in federal court.
How to File a Claim Under the Federal Tort Claims Act (FTCA)
- File an Administrative Claim
Before you can sue under the FTCA, you must first file an administrative claim with the federal agency responsible for the employee’s actions. This gives the agency a chance to investigate the claim and settle it quickly, avoiding the need for a lawsuit. To submit an administrative claim, you should fill out Standard Form 95 (SF-95), which can simply Google or find on most federal agency websites or at local federal offices. Yes, the government has a form for everything! Using the official SF-95 is not required, but it is recommended because it ensures you provide all the necessary information for the agency to handle and evaluate your claim properly.
You must file the claim with the relevant federal agency within (2) two years from the date the claim accrues (i.e., the date the injury, damage, or wrongful death occurred, or when the claimant became aware of the injury and its connection to federal action). Failure to meet this deadline will result in the claim being barred, so it is crucial to keep track of dates.
- Key Information for the Administrative Claim
To file an administrative claim under the FTCA, begin by identifying the appropriate federal agency for submission. Provide the claimant’s full name, address, and contact details, as well as information about any personal representative. Specify whether the claimant’s employment is military or civilian, along with the claimant’s date of birth and marital status. Include the exact date, day, and location of the incident, and describe in detail the facts, circumstances, cause, and all parties or property involved. If property damage involves an owner other than the claimant, include the owner’s name and address, describe the damaged property, and note where it can be inspected. For personal injuries or wrongful death, outline the nature, extent, and treatment of the injuries or cause of death, and provide witnesses’ names and addresses
In the claim section, specify the dollar amounts requested for property damage, personal injury, wrongful death, and total claim. If accident or public liability insurance is applicable, include insurer details and confirm if a claim was filed with the insurance; if so, include the insurer’s response and any deductible amount. The claimant must sign the form, provide a contact number, and date it, certifying the claim’s accuracy. Attach all necessary supporting documents, including medical reports, property damage estimates, or any other relevant documentation to substantiate the claim, as per the form’s instructions.
- Wait for the Agency’s Decision
Once you submit your administrative claim, the federal agency has (6) six months to respond. The agency can choose to settle your claim, deny it, or take no action, effectively allowing the six-month period to expire.
If the agency accepts the claim and offers a settlement, you may accept the offer and close the case. If the agency denies the claim, or if you disagree with the amount offered, you may then choose to file a lawsuit in federal court. If there is no response within six months, this is known as a “deemed denial,” and you are then free to file a lawsuit.
- File a Lawsuit in Federal Court, If Necessary
If your administrative claim is denied or you are unsatisfied with the agency’s response, the FTCA allows you to file a lawsuit in federal court. Note that you have (6) six months from the date of the agency’s final denial to do so. FTCA claims must be filed in federal district court. FTCA cases are tried by a judge without a jury, as the government restricts jury trials for these claims. The court will apply the law of the state where the alleged wrongful act occurred to determine liability and damages.
Conclusion
The Federal Tort Claims Act provides a pathway for individuals to seek compensation for harm caused by federal employees acting within the scope of their employment. However, the process of filing an FTCA claim is complex, requiring strict adherence to deadlines, detailed documentation, and careful navigation of legal exceptions that may limit the government’s liability.
While individuals can pursue these claims independently, consulting an experienced attorney can be invaluable. Legal counsel can help avoid common pitfalls, address the government’s defenses, and manage the unique challenges of litigating against a federal agency. By understanding the basics of the FTCA and taking appropriate steps, claimants can effectively pursue justice for injuries, damage, or losses caused by federal actions, contributing to a fairer system of accountability.
