Federal Tort Claims Act (FTCA)

Jargon in the legal world can be confusing—too often, important information is made more complicated than it needs to be. Andrew Kryder, Esq., founding partner of our personal injury law firm, created this legal glossary to make complex legal terms easy to understand. In this article, you will learn what the Federal Tort Claims Act (FTCA) covers, who can file, how to prove a claim, and the deadlines that apply.

What Is the Federal Tort Claims Act?

The FTCA is a federal law that allows private citizens to seek compensation from the United States government for harm caused by the negligent or wrongful actions of a federal employee acting within the scope of their job. Normally, you cannot sue the government in the same way you would a private person or business. The FTCA provides a limited path for individuals to bring claims for personal injury, wrongful death, or property damage against the United States government.

Who Can File a Claim Under the FTCA?

A person may file an FTCA claim if they were harmed by a federal employee’s negligent or wrongful act, and the claim fits within the law’s limits.

To be eligible, the claimant generally must show:

• They suffered an injury, death, or property damage.
• The harm was caused by a federal employee.
• The employee was acting within the scope of official duties.
• The conduct was a wrongful or negligent act.
• The claim is filed on time and through the proper process.

In short, not every claim involving the government qualifies. The facts must connect the injury to a federal employee’s job-related conduct.

How Does a Citizen Prove an FTCA Claim?

A valid claim satisfies several key requirements:

• The claimant was injured, or their property was damaged.
• A federal government employee caused the harm.
• The employee was acting within the scope of official duties.
• The employee acted negligently or wrongfully.
• That wrongful act proximately caused the injury or damage.

“Proximate cause” means the wrongful act must be a direct legal cause of the harm. It is not enough to show that something bad happened. A valid claim arises from a connection between the government employee’s conduct and the loss.

Where Are FTCA Claims Decided?

FTCA cases are tried only before a federal judge in United States District Courts that have exclusive jurisdiction over civil actions.

There is no jury trial under the FTCA, and the FTCA does not allow punitive damages.

The Supreme Court does not handle FTCA individual claims, but it sets the legal rules that lower federal courts follow when deciding FTCA cases.

What Is the Process for Filing?

The FTCA has strict rules, deadlines, and filing steps.

1. Before filing a lawsuit, the claimant must first file an administrative claim with the correct federal agency. This is usually done using Standard Form 95.
2. The claim should include enough facts for the agency to investigate and must state a specific dollar amount for damages.
3. The claim should provide documentation establishing key facts and supporting evidence, such as medical records and bills, repair estimates for property damage, police or incident reports, and any other documents that support your claim for liability and damages.
4. If the agency denies the claim, or does not resolve it within the allowed time, the claimant may then file a lawsuit in federal court.

How Long Do I Have to File a Suit?

FTCA deadlines are strict.

• An administrative claim must usually be filed within two years of the date the claim accrued, often the date of the incident.
• If the agency denies the claim, a lawsuit must usually be filed within six months of the denial.

Missing either deadline can end the claim. For that reason, it is important to act quickly and submit a complete claim with enough information for the agency to review it.

Are There Special Rules for Military Personnel?

Yes. Active-duty military personnel are generally barred from suing under the FTCA for injuries tied to their official duties in the military. This is known as the Feres doctrine and is a major exception to the law.

What Are Examples of FTCA Personal Injury Cases?

Some examples of FTCA claims include:

• Vehicular accidents involving USPS mail trucks, military vehicles, or federal agents (like the FBI) while on duty
• Medical malpractice by healthcare providers at Veterans Affairs (VA) hospitals or military base clinics
• Premises liability, such as slips and falls caused by unsafe conditions in federal buildings like post offices or courthouses
• Law enforcement misconduct claims against federal officers for wrongful conduct like assault or false arrest