Federal Tort Claims Act (FTCA) Cases

For those who are injured on federal property, the Federal Tort Claims Act or FTCA provides a means of proceeding with a lawsuit against the government.

In general, the federal government is protected or immune from being sued. However, the FTCA was enacted to provide individuals a method for obtaining compensation when the individual suffers property injury, personal injury, or death as the result of “the negligent or wrongful act or omission of any employee of the Government.”

Limitations of FTCA claims include:

  • The negligent conduct must have occurred while the employee was acting within the scope of his or her employment;
  • Only federal employees can be sued under the FTCA, not independent contractors;
  • Claims must be based on and permitted by state law where the misconduct occurred;
  • An individual cannot recover punitive damages for intentional conduct (i.e., only compensatory damages can be recovered).

An FTCA claim does not follow the same procedure as claims against private persons or companies. At the start, the FTCA claim is an administrative claim. This means that, before a lawsuit can be filed, the claim must first be submitted to the federal agency responsible for the alleged misconduct. This involves providing the agency specific information requested and required by the government in its standard claim form 95 (or “SF 95”).

The administrative claim begins by completing and submitting the necessary SF 95 information to the proper government agency within two years of the incident in which you were injured. The claim will need to include the exact amount of monetary damages you are claiming along with the facts of your case. Once submitted, the federal agency you’ve flied with will have six months to agree to pay you some or all the damages claimed. If your claim is rejected or refused, you have six months to file a lawsuit.

To begin your claim for damages, call Fischer & Associates, LLC—(866) 262-2232.