Federal Tort Claims Act — Injury Lawsuits Against the Federal Government

Injured by a federal government employee? You might be able to sue the government, but it's not as simple as suing a private individual or company. The Federal Tort Claims Act (FTCA) is a complex law that governs when and how you can sue the U.S. government for injuries.

What Does the FTCA Do?

Sovereign immunity generally prevents lawsuits against the federal government unless it grants permission. The FTCA is the primary law that waives this immunity for specific personal injury claims. It allows individuals to sue the government if a federal employee, acting within the scope of their employment, causes harm through their negligence.

When Does the FTCA Apply?

The FTCA doesn't create a federal definition of negligence. Instead, it looks to the law of the state where the injury occurred. This means that if a government employee's actions would be considered negligent under that state's laws, the government can be held liable. For example, if a postal worker in California runs a red light and causes an accident, California's negligence laws will be used to determine if the postal worker's actions were negligent.

What “Scope of Employment” Means

Federal employees must act within the scope of their official duties to trigger liability under the FTCA. Courts look at whether the employee’s actions were part of their assigned job responsibilities or furthered the government’s business. A government employee driving a government vehicle to deliver mail is within the scope of employment. However, if that same employee uses the government vehicle to run personal errands and causes an accident, that might be outside the scope of employment.

Exceptions to the FTCA

Certain exceptions block FTCA claims. There is typically no liability for the conduct of independent contractors hired by the government unless they are essentially performing tasks as government employees. For example, if the government hires a contractor to build a bridge, and the contractor's negligence causes an injury, the government might not be liable unless the contractor was acting essentially as a government employee.

Intentional misconduct, such as assault or battery, is generally excluded, although limited exceptions can arise when law enforcement officers must use force within the bounds of their duties. For example, if a park ranger gets into a fistfight with a visitor over a personal matter, that's likely outside the scope of their employment and wouldn't be covered by the FTCA.

Filing an Administrative Claim

Before suing in federal court, a claim must usually be filed with the federal agency responsible for the alleged negligence. This initial filing should include a clear explanation of the events, a description of injuries, and an indication of the damages sought. Standard Form 95, issued by the Department of Justice, may be used, but providing sufficient detail is more important than using any specific format.

Timing Factors

FTCA claims usually must be filed within two years from the date of the incident. If this deadline is missed, the claim is typically barred. The agency then has six months to respond to the claim. It may settle for part or all of the amount requested, or it may deny the claim altogether. If six months pass without a decision, a lawsuit in federal court may be initiated. If a denial occurs, the injured person usually has six months from the date of the denial to file suit.

Damages in FTCA Claims

Compensatory damages may include both economic and non-economic forms of harm. For example, if someone is injured in a car accident caused by a government employee, they can seek compensation for their medical bills, lost wages, and pain and suffering. However, they generally cannot seek punitive damages, which are meant to punish a defendant.

Last reviewed February 2025