Federal Tort Claims Act Lawyer

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2671–2680) is a limited waiver of the federal government’s sovereign immunity. It lets people injured by the negligent acts of federal employees acting within the scope of their employment recover compensation from the United States.

Under § 1346(b), liability is generally determined by the law of the state where the act or omission occurred — so a crash caused by a federal employee in New Mexico is judged largely under New Mexico negligence law, but through the federal process.

Who and What the FTCA Covers

Typical FTCA claims involve:

• Collisions with U.S. Postal Service, military, or other federal vehicles
• Medical malpractice at VA hospitals and federally funded community health centers
• Injuries on federal property — buildings, parks, and military installations
• Negligence by employees of federal agencies acting in the scope of their duties

The Act covers negligence by federal employees. Independent contractors working for the government are generally excluded, which is one of the first issues to sort out in a claim.

The Administrative Claim: Form SF-95

Before any lawsuit, you must present an administrative claim to the appropriate federal agency, normally on Standard Form 95, and it must include a “sum certain” — a specific total dollar amount you are demanding.

The deadline is strict: under 28 U.S.C. § 2401(b), the claim must be presented to the agency within two years of the date the claim accrues. Courts have dismissed claims that failed to state a sum certain, and your recovery is generally limited to the amount claimed.

After You File: The Six-Month Rules

Once your claim is presented, the agency has six months to make a final disposition. If the agency denies the claim, you then have six months from the date the denial is mailed to file suit in federal district court.

If the agency does not act within six months, you may treat that inaction as a denial and proceed to court. FTCA cases are tried to a federal judge — there is no jury — and punitive damages are not available against the United States under 28 U.S.C. § 2674.

Exceptions That Can Bar a Claim

Section 2680 lists exceptions where the waiver of immunity does not apply. The most significant is the discretionary function exception, which protects government decisions involving policy judgment. Certain intentional torts are also excluded, with an important proviso for the conduct of federal law enforcement officers.

These exceptions are heavily litigated and often decide whether a case survives. Having them evaluated before the two-year clock runs is the difference between a viable claim and a lost one. With over $1 Billion recovered, Law Giant Injury Lawyers is prepared to take on the federal government. Call 505-900-0000; you pay nothing unless we win.