Federal Tort Claim

The Federal Tort Claims Act (FTCA) creates a limited waiver of sovereign immunity, enabling tort claims against the federal government under state law standards. The process is governed by strict procedural requirements: an administrative claim must be filed and adjudicated before litigation is allowed. Time limits and specific documentation are critical to maintaining eligibility for a claim. Ultimately, the FTCA balances governmental immunity with a mechanism for redress when federal employees cause harm through negligence or wrongful acts.

What Is the Federal Tort Claims Act?

Enacted in 1946, the Federal Tort Claims Act is a statute that permits private parties to sue the United States government for torts committed by federal employees acting within the scope of their employment. Prior to the FTCA, the doctrine of sovereign immunity largely prevented individuals from bringing claims against the federal government. The Act waives this immunity in certain circumstances, allowing the government to be held liable in the same manner as a private party under comparable state law.    

The FTCA applies specifically to claims arising from negligence, wrongful acts, or omissions of federal employees. However, it excludes certain categories of claims, such as those involving discretionary functions, intentional torts (except for certain enumerated exceptions), and claims arising in foreign countries. The statute essentially makes the federal government accountable for its employees' actions as long as those actions would make a private person liable under state law.

The Federal Tort Claim Process

Initial Claim Submission

The process begins with the claimant submitting an administrative claim to the appropriate federal agency. This claim must be filed on a Standard Form 95 (SF-95) or through a written notification containing the same information. It should include a description of the incident, the amount of damages sought, and supporting evidence. Claimants have a strict time limit—generally, they must file within two years from the date of the incident.

Agency Review and Investigation

Once received, the federal agency investigates the claim to determine its validity. This investigation involves gathering facts, reviewing relevant documentation, and sometimes interviewing witnesses. The agency then decides whether to deny the claim or make a settlement offer. By law, agencies have six months to respond to a claim; failure to respond within this timeframe allows the claimant to consider the claim denied and proceed to litigation.

Denial and Litigation

If the claim is denied or if the claimant rejects the settlement offer, the claimant may file a lawsuit in federal district court. This must occur within six months of the final denial of the claim. Importantly, filing suit before the claim is denied or before the six-month period elapses is prohibited.

Once in court, the case proceeds like any civil tort action, but with some procedural differences unique to claims against the government. For example, certain defenses—such as discretionary function immunity—may shield the government from liability even after trial.

Settlement and Judgment

Settlements can occur at any point during the process—before or after filing a lawsuit. If the case proceeds to judgment, and the court finds the government liable, damages awarded are limited to the amount claimed in the administrative process unless the court permits otherwise.

Achieving success in federal court requires special skills. At The Walker Law Group, we are well prepared to handle federal tort claims and federal claims against government entities or defendants in other states.

At The Walker Law Group, attorney Michael Walker is an experienced litigator with extensive federal trial experience. He has practiced law at a high level for over 30 years, is listed as a Florida Bar Board Certified Civil Trial Attorney, and is Board Certified by the National Board of Trial Advocacy (NBTA).

Call us at 727-865-5724 or schedule online now to set up your free consultation with our experienced personal injury attorneys.