What Is the Federal Tort Claims Act (FTCA) and How Do You File a Claim?
When someone else's negligence causes an injury, you may be able to pursue compensation through a personal injury claim. But what happens when the person responsible is an employee of the federal government?
That is where the Federal Tort Claims Act (FTCA) may come into play. The FTCA establishes a process for eligible individuals to pursue certain claims against the United States for injuries caused by the negligent or wrongful conduct of federal employees acting within the scope of their employment.
Understanding how an FTCA claim works is important because the process and deadlines differ from many traditional personal injury cases.
What Does the Federal Tort Claims Act Do?
The federal government generally has sovereign immunity, meaning it cannot be sued unless it has consented to being sued. The FTCA provides a limited waiver of that immunity for certain tort claims.
In general, an FTCA claim may be possible when a federal employee causes injury, death, or property damage through a negligent or wrongful act while acting within the scope of their employment and a private person could be held liable under the law applicable to the circumstances.
However, the FTCA contains important exceptions, which means an accident involving the federal government does not automatically create a valid claim.
What Are Examples of Potential FTCA Claims?
FTCA claims can arise in many different circumstances. For example, an individual could potentially have a claim after being injured in a collision caused by a federal employee driving a government vehicle.
Other potential cases could involve unsafe conditions on certain federal properties, qualifying negligence involving federal employees, or certain medical malpractice claims involving healthcare professionals covered by federal law.
Because federal employment status and the circumstances surrounding the incident can affect whether the FTCA applies, each case should be evaluated individually.
How Do You File an FTCA Claim?
One of the biggest differences between an FTCA case and an ordinary personal injury lawsuit is the administrative claim requirement.
Before generally filing an FTCA lawsuit, a claimant must first present the claim to the appropriate federal agency. The agency then has an opportunity to investigate and respond to the claim.
If the agency denies the claim, or if it does not make a final disposition within six months after the claim is filed, federal law may permit the claimant to proceed with a lawsuit, subject to the applicable requirements.
This administrative process makes properly identifying the responsible agency and presenting the claim particularly important.
How Long Do You Have to File a Federal Tort Claims Act Claim?
Deadlines are one of the most important considerations in an FTCA case.
In general, a federal tort claim must be presented in writing to the appropriate federal agency within two years after the claim accrues. If the federal agency issues a final written denial, a claimant generally has six months from the date the notice of final denial is mailed to begin a lawsuit.
Different circumstances can affect how these rules apply, so injured individuals should not assume they have two years to begin taking action.
What Damages Can You Recover Under the FTCA?
The compensation available depends on the circumstances of the claim and applicable law. Recoverable damages may potentially include:
- Medical expenses
- Lost wages and income
- Loss of future earning capacity
- Pain and suffering
- Other qualifying injury-related losses
- Wrongful death damages in eligible cases
Accurately documenting the full impact of an injury can therefore be an important part of preparing an FTCA claim.
Do You Need an Attorney for an FTCA Claim?
You are not necessarily required to hire an attorney simply to pursue an administrative claim, but FTCA cases can involve complex questions about federal procedure, government immunity, deadlines, damages, and whether a particular employee or entity is covered by the Act.
An attorney can investigate how the injury occurred, identify the appropriate federal agency, evaluate potential liability, document damages, assist with the administrative claim, and determine what options may be available following the agency's response.
Talk to Witherington Injury Law About a Federal Injury Claim
If you have been injured in Tennessee and believe a federal employee or government entity may be responsible, understanding whether the FTCA applies is an important first step.
Witherington Injury Law has more than 20 years of experience helping injured people navigate personal injury claims. The firm emphasizes personalized attention, compassionate representation, and hands-on legal guidance throughout the claims process.