If you or a loved one were hurt or died due to the negligence of a federal agency or employee, the Federal Tort Claims Act (FTCA) gives you the right to file a claim for your damages. The FTCA provides certain procedural steps you must follow in order to successfully file an injury claim. Before initiating legal action, you should know what you can sue for and how you must go about it.
Your FTCA claim must be against a federal employee, not an independent contractor, for negligent conduct conducted during the scope of the federal employee’s employment. Usually, only claims of negligence and not willful misconduct are allowed under the FTCA unless the misconduct was perpetrated by a federal law enforcement official. State laws where the incident took place must also allow claims to be filed for the tortious action perpetrated against you.
Before you can file a lawsuit under the Federal Tort Claims Act (FTCA), you must first complete an important step: filing a Notice of Claim using Standard Form 95 (SF95).
This administrative claim is submitted directly to the federal agency responsible for your injury and serves as your official request for compensation.
When completing the SF95, you’ll need to provide:
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Filing the SF95 accurately and within the required time limits is critical. It’s the first legal step to determine if you can sue the federal government under the FTCA.
Yes. SF95 forms have a field to identify the legal representative filing your claim. Because there are specific procedural steps to be taken, an attorney familiar with the FTCA can help ensure your paperwork is processed correctly. Attorneys can help claimants with aspects such as:
Time deadlines: Notice of Claims often must be filed within two years of the injury (note: consult with an injury lawyer in order to calculate the filing deadline applicable to you). Utilizing the services of an attorney can help ensure your claim is filed in a timely manner to preserve your rights. Once your claim is submitted, the federal government has six months to make a decision on your claim.
Once the government rules on your notice of claims, you have six months to file a lawsuit if you are not awarded the full amount of money you asked for. Consult with a DC personal injury lawyer to determine which deadline applies to your injury case.
Supporting documents: Notice of Claims usually must include supporting documents for their injuries and/or property damage. Attorneys can assist in collecting documentation recording the extent of the injury, hospitalization, treatment, the degree of any disabilities. In wrongful death cases, you may need to include invoices for burial expenses.
If there was property damage, itemized receipts of repairs performed must be submitted with your Notice of Claim. If the repairs are not performed, two estimates from reliable parties must accompany with the Notice of Claim. Damages for property beyond repaired should include statements as to the date of purchase, original cost, and the value of the property, both before and after the accident. A qualified attorney can help assist claimants will compiling all the necessary paperwork for seeking restitution for damages.
If you do not receive a favorable ruling in your administrative action, you may proceed with a lawsuit under the Federal Tort Claims Act. Your FTCA lawsuit should be filed in the United States District Court which covers the jurisdiction where your accident took place (there may be other jurisdictions where you can file, but as always, we strongly recommend consulting with an attorney prior to proceeding).
Your case will be assigned to an attorney with the United States Department of Justice and an experienced attorney on your side should be familiar will all the legal proceedings and defenses the federal government may use to keep from paying you the compensation you deserve. Under the FTCA, you may not sue the federal government for more money than you asked for in your SF95 Notice of Claim. Retaining a qualified attorney from the very beginning can help ensure you file for all the injury damages you are entitled to.
The general answer is no, due to the provisions of the Federal Tort Claims Act, which typically does not cover incidents outside U.S. borders.Â
This restriction primarily impacts:
The overseas exception exists due to legal and jurisdictional complications involved in applying U.S. law to incidents occurring in foreign territories. This makes it legally complex, if not impossible, to pursue such claims under the FTCA.
Even in serious cases, military members injured while overseas are not eligible to file FTCA claims. There are no exceptions to this rule.
Sovereign immunity is a legal principle that protects government entities from being sued without their permission. The concept, rooted in English common law, essentially means "you can’t sue the king." In the United States, this protection extends to both state and federal governments, meaning you typically can’t file a lawsuit against them unless they’ve explicitly waived that protection.
That said, you can sue the federal or state government for negligence if you meet certain legal requirements. Laws like the Federal Tort Claims Act (FTCA) outline how and when these claims can be brought. Because strict rules and deadlines apply, it’s important to work with an attorney who understands how to navigate these cases from the start.
If you’ve been hurt due to the negligence of a federal entity, The Cochran Firm, D.C. has a team of dedicated and experienced personal injury attorneys who can help you get the compensation you deserve. Our team of seasoned attorneys can guide you through the complicated legal processes of suing the government and maximize your recovery.
We offer free, prompt, and confidential case reviews. Since we represent our clients on a contingency basis, there are absolutely no legal fees unless we recover for you. Call us locally during business hours at 202-682-5800 or at 1-800-THE-FIRM to reach us 24 hours a day. You may also fill out a contact form here on our website. Because of the strict time deadlines associated with pursuing personal injury claims against the federal government, we ask that you please contact us at your earliest convenience in order to preserve your rights.
If you or a loved one were hurt or died due to the negligence of a federal agency or employee, the Federal Tort Claims Act (FTCA) gives you the right to file a claim for your damages. The FTCA provides certain procedural steps you must follow in order to successfully file an injury claim. Before initiating legal action, you should know what you can sue for and how you must go about it.
Before you can file a lawsuit under the Federal Tort Claims Act (FTCA), you must first complete an important step: filing a Notice of Claim using Standard Form 95 (SF95). This administrative claim is submitted directly to the federal agency responsible for your injury and serves as your official request for compensation. It details basic information such personal information, insurance details, damages claimed, etc. Filing the SF95 accurately and within the required time limits is the first legal step to determine if you can sue the federal government under the FTCA.
Sovereign immunity is a legal principle that protects government entities from being sued without their permission. The concept, rooted in English common law, essentially means "you can’t sue the king." In the United States, this protection extends to both state and federal governments, meaning you typically can’t file a lawsuit against them unless they’ve explicitly waived that protection.
