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The United States government has sovereign immunity, which means it cannot be sued without its consent. This is based on the legal doctrine that the sovereign (or king) was not liable to the people.
In 1946 the passage of the Federal Tort Claims Act (FTCA) established the process for pursuing a claim for damages resulting from negligent or wrongful acts or omissions committed by any government employee acting within the scope of their employment.
Many states have also passed their own rules establishing how state and local governments can be sued–but FTCA specifically applies when a federal employee causes harm or damages.
This guide to the Federal Tort Claims Act helps you to understand how the Act affects your right to pursue a claim for compensation.
Who Can Pursue a Claim Under the Federal Tort Claims Act?
Anyone who sustained personal injury, property loss or other damage caused by a federal agency or employee may be able to pursue a claim under the Federal Tort Claims Act.
This includes individuals, businesses, or other government entities who were harmed in some way by a federal employee acting in official capacity.
What Do You Need to Prove to Make a Claim Under the Federal Tort Claims Act?
In order to be eligible to make a FTCA claim, there are four key things you must prove:
- An employee or agent of the federal government harmed you
- The employee’s acts or omissions were negligent or intentionally wrongful
- The employee was acting within the scope of their duties at the time of the harm
- You were hurt as a direct result of the negligence of the employee
An experienced attorney can provide assistance in gathering the evidence necessary to make your case.
How Can You File a Claim Under the Federal Tort Claims Act?
The process of filing a claim under the FTCA is different than if you sue an individual or company for wrongdoing. That’s because you cannot go directly to court. There are some steps you must take first.
Start With the Administrative Claims Process
You must start with an administrative claim with the government agency responsible for your injuries (or who employs the person responsible for harming you). For example, if you were harmed by an EPA employee, you would need to send your claim to
EPA Claims Officer
Office of General Counsel
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (Mail Code 2399A)
Washington, D.C. 20460
You can use Standard Form 95 to submit your claim to the relevant federal agency, although you are not required to submit this form–as long as you send in a claim in writing containing the required information, including a demand for a specific amount of monetary compensation.
There are instructions provided for how to complete the form requesting damagings at FTCA Instructions for SF 95 but it is usually best to get a lawyer’s help submitting your claim. You should always make certain to include specific details about the incident, as well as a demand for an appropriate amount of compensation. This information is necessary for the agency to evaluate your claim.
You must file your claim within two years of the incident or less if your state imposes a shorter statute of limitations. The agency has six months to consider your claim and respond.
Consider a Request for Reconsideration if Necessary
If the federal agency accepts responsibility, they may offer to settle your claim for a set amount of money. You can accept the settlement offer, but you do not have to. If you are unhappy with the settlement offer made during the administrative claims process, you have a right to file a request for reconsideration or to sue in court.
Your request should include any new evidence available, as well as details on why you believe the original offer made was not appropriate.
File a Lawsuit in a U.S. District Court
You also have the right to file a lawsuit in a U.S. District Court if you are not happy with the settlement offer the government agency made. You must file it within six months of the date the claim decision was mailed to you.
You must file the claim in the court where you live or where the claim arose, and you are not allowed to ask for more compensation than you requested in your original demand during the administrative claims process–unless new evidence has come to light.
Once your case has reached this point, it will proceed like any other in the federal court system and you can seek compensation for losses you endured. You also have the option to settle even after you file a lawsuit, if the government agency makes an offer you are willing to accept at some point during the legal proceedings.
Timeline for Claims Under the Federal Tort Claims Act
There are strict time limits when you bring a claim against a federal agency under the Federal Tort Claims Act.
- You must file your initial administrative claim within two years of the time the incident occurs (less if your state has a shorter statute of limitations)
- The federal agency has six months to respond after you file your claim
- You have six months from the time the federal agency’s response has been mailed to you to file a lawsuit
If you delay too long, your claim may be time-barred and you will be unable to move forward with recovering compensation.
An experienced attorney can help you ensure you do not miss any deadlines so you don’t jeopardize your rights. It’s best to contact an attorney ASAP after the incident for help during this complex process.
Frequently Asked Questions (FAQs)
How does the Federal Tort Claims Act work?
The Federal Tort Claims Act is a 1946 law that entitles you to pursue a claim against the federal government if a government worker caused you harm while performing their official duties. The Act requires you to first make an administrative claim before proceeding with a lawsuit in a U.S. District Court if no settlement agreement can be reached with the government agency liable for losses.
Who is covered under the Federal Tort Claims Act?
Individuals, businesses and other government entities are all given the right to pursue a claim for injury or property damage under the Federal Tort Claims Act. Claims can be made against any government agency if you can prove an employee of that agency caused harm while working in an official capacity on behalf of the government.
Can you sue the government if an agent or employee hurts you?
You can sue the government if a federal or state worker caused you harm. There are different processes for pursuing a claim against a government agency compared with against a private individual or business. You should talk with an attorney to make sure you understand the process and take action within the required time frame.
