Federal Tort Claims Act — Injury Lawsuits Against the Federal Government
Filing a personal injury lawsuit against the federal government presents a unique set of legal hurdles, primarily governed by the Federal Tort Claims Act (FTCA). This federal law acts as a limited waiver of the government's sovereign immunity, allowing individuals to seek compensation for injuries caused by the negligence of federal employees. However, the path to a successful claim is fraught with specific procedures, strict deadlines, and significant exceptions. Here’s what you need to know about the key legal issues involved.
Waiving Sovereign Immunity
At its core, the FTCA permits individuals to sue the federal government for torts (wrongful acts) committed by its employees. However, 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 the government can be held liable in the same manner as a private individual would be under that state's laws.
Crucially, the employee must have been acting within the scope of their employment. This means their actions were part of their assigned job responsibilities or were taken to further the government’s business. For example, a postal worker driving a government vehicle to deliver mail is acting within the scope of employment. However, if that same employee uses the vehicle to run personal errands and causes an accident, their actions may be considered outside the scope of their employment, which could bar a claim under the FTCA.
The Administrative Claim
Before you can file a lawsuit, you must first present an administrative claim to the appropriate federal agency. This is a non-negotiable prerequisite.
- The Claim Form: The claim is typically filed using Standard Form 95, "Claim for Damage, Injury, or Death." This form requires a detailed description of the incident and the nature and extent of the injuries, as well as a specific monetary demand.
- Statute of Limitations: You have two years from the date your claim accrues (the date of the injury or when you reasonably should have discovered the injury) to file this administrative claim. Failing to meet this deadline will permanently bar your claim.
- Agency Review: The federal agency has six months to review your claim. They can either offer a settlement or deny the claim. If the agency fails to act within six months, you have the option to treat the inaction as a denial.
- Filing a Lawsuit: If your claim is denied, you then have six months from the date of the denial to file a lawsuit in federal district court.
Exceptions to the FTCA
The FTCA's waiver of sovereign immunity is not absolute. Several significant exceptions can prevent a claim from moving forward.
The Independent Contractor Exception
The government is generally not liable for the negligence of independent contractors it hires. If an injury is caused by a private company performing work for the government (e.g., construction, maintenance, or security services), the lawsuit must typically be filed against that company, not against the United States.
The Discretionary Function Exception
This is one of the most complex and frequently litigated aspects of the FTCA. The government is not liable for claims arising from an employee's performance of a "discretionary function or duty." To determine if this exception applies, courts use a two-part test:
- Was the conduct a matter of judgment or choice? If a federal statute, regulation, or policy specifically prescribes a course of action, there is no discretion, and the exception does not apply.
- Was the judgment or choice based on considerations of public policy? This part of the test shields government decisions that involve weighing competing social, economic, or political factors.
Examples of discretionary acts include the design of a highway by federal engineers, or a decision by the National Park Service on how to manage a wild animal population. Examples of non-discretionary acts include a postal service driver failing to stop at a red light in violation of state traffic laws, or a federal maintenance worker failing to clean up a spill in a government building as required by safety protocols.
The Intentional Tort Exception
Generally, the FTCA does not allow claims arising from intentional torts such as assault, battery, false imprisonment, false arrest, libel, or slander. However, there is a critical exception to this rule. The law enforcement proviso allows claims for assault, battery, false imprisonment, false arrest, abuse of process, and malicious prosecution if they are committed by federal "investigative or law enforcement officers."
The Feres Exception for Military Service Members
Active-duty military personnel are generally barred from suing the government for injuries that are "incident to service." This is known as the Feres doctrine. However, a recently enacted law allows service members to file administrative claims for malpractice by a Department of Defense healthcare provider.
Damages Recoverable Under the FTCA
If your claim is successful, the damages you can recover are determined by the law of the state where the injury occurred. However, there are important federal limitations:
- No Punitive Damages: Punitive damages, which are intended to punish the wrongdoer, are not available.
- Claim Amount Limitation: Generally, you cannot sue for more than the amount you claimed in your administrative filing unless the increase is based on newly discovered evidence.
Common Pitfalls to Avoid
Navigating an FTCA claim can be treacherous. Here are some common mistakes that can jeopardize your case:
- Missing the Statute of Limitations: Failing to file the administrative claim within two years is the most common and fatal error.
- Inadequate Administrative Claim: Not providing sufficient detail on the claim form can lead to its rejection.
- Premature Lawsuit: Filing a lawsuit before exhausting the administrative claims process will result in dismissal.
- Suing the Wrong Party: The proper defendant is the "United States of America," not the individual employee or the agency.
- Underestimating Exceptions: Failing to anticipate defenses like the independent contractor or discretionary function exceptions can be detrimental.
Given the complexities and strict requirements of the Federal Tort Claims Act, seeking legal counsel from an attorney experienced in FTCA litigation is highly recommended.