Federal Tort Claims Act (FTCA) Lawyer in Tennessee

Injured by a Federal Employee? Understand the FTCA Process.

If you were injured because of the negligence of a federal employee acting within the scope of their employment, pursuing compensation is different from filing a typical personal injury claim. The Federal Tort Claims Act (FTCA) provides a legal process through which eligible individuals may pursue certain claims against the United States for injuries, property damage, or wrongful death caused by federal employees.

These cases involve specific federal procedures, deadlines, and exceptions. At Witherington Injury Law, our team helps injured people determine whether the FTCA may apply and understand what the administrative process requires.

An initial evaluation can help determine whether the matter may proceed under the Federal Tort Claims Act or should follow another legal process.

Call (615) 697-6503 to discuss your injury and the next steps that may apply.

What Is the Federal Tort Claims Act?

The Federal Tort Claims Act is a federal law that provides a limited waiver of the United States government’s sovereign immunity. Sovereign immunity ordinarily protects the federal government from being sued without its consent. In qualifying circumstances, the Act allows an injured person to pursue damages when a federal employee’s negligent or wrongful conduct causes harm while the employee is acting within the scope of federal employment.

Potential FTCA claims may arise from incidents involving federal employees, federal vehicles, government facilities, or certain federally operated programs. However, not every injury connected to the federal government qualifies for an FTCA claim, and important exceptions can apply.

Liability generally depends on whether a private person would be responsible for comparable conduct under the law of the place where the incident occurred. In a qualifying action, the United States is generally the defendant rather than the individual federal employee.

The exceptions under the Federal Tort Claims Act require careful analysis. For example, the discretionary function exception can protect certain governmental policy and judgment decisions from liability. Conduct outside an employee’s federal duties may also fall outside the Act, and a private federal contractor isn’t automatically treated as a federal employee.

What Types of Injuries Can Lead to an FTCA Claim?

Depending on the circumstances, an FTCA case could involve:

• Motor vehicle accidents involving federal employees
• Accidents involving government-owned vehicles
• Unsafe conditions on certain federal properties
• Negligence by eligible federal employees
• Certain medical negligence claims involving federal healthcare providers
• Serious injuries or wrongful death caused by qualifying government negligence

Determining whether the FTCA applies requires examining who caused the injury, their employment status, what they were doing when the incident occurred, and other case-specific factors.

The presence of a federal vehicle, facility, or program doesn’t establish federal liability by itself. Records may be needed to determine who employed the responsible person and whether that person was performing federal duties. The same incident can also raise questions involving state-law negligence, workers’ compensation, or other potential remedies.

How Do You File a Federal Tort Claims Act Claim?

FTCA cases generally require claimants to exhaust the administrative claims process before filing a lawsuit in federal court. The injured person must first present a claim to the appropriate federal agency whose activities gave rise to the injury.

Presenting an Administrative Claim

A claim is generally presented when the agency receives written notice describing the incident and a demand for money damages stated as a sum certain. A sum certain is a specific dollar amount, not an open-ended request for compensation. Standard Form 95 is commonly used to submit this information, although the form itself isn’t required when the written submission contains the necessary details.

An administrative submission commonly needs to address:

• The incident: When and where it occurred and how the injury or property damage happened.
• The federal involvement: The responsible employee, facility, vehicle, or agency activity, when known.
• The claimed losses: The specific amount demanded and the available records supporting that amount.

Deadlines for a Federal Lawsuit

Generally, an administrative FTCA claim must be presented in writing to the appropriate agency within two years after the claim accrues. If the agency issues a final written denial, a lawsuit generally must be filed within six months of the mailing of that denial.

A lawsuit generally can’t begin until the agency finally denies the claim in writing or fails to make a final disposition within six months and the claimant elects to treat that inaction as a denial. The amount requested in a later lawsuit is also generally limited by the amount presented to the agency, subject to statutory exceptions. These requirements make the accuracy and completeness of the administrative claim important from the outset.

Because missing an applicable deadline can jeopardize your ability to pursue compensation, it’s important to seek legal guidance as soon as possible. The date a claim accrues and the deadline that applies can require claim-specific legal analysis.

What Compensation May Be Available in an FTCA Case?

Depending on the facts and applicable law, compensation may potentially address losses such as:

• Medical expenses
• Lost income
• Diminished earning capacity
• Pain and suffering
• Other qualifying damages

The amount and types of damages available depend on the individual case and the laws governing the underlying claim. Supporting evidence may include medical records, bills, employment and income documentation, and information showing how the injury affects daily activities. Punitive damages are generally unavailable under the Federal Tort Claims Act.

How Our Firm Helps with an FTCA Claim

Federal injury cases can present procedural challenges that aren’t part of an ordinary insurance claim. Witherington Injury Law can evaluate the circumstances surrounding an injury, identify potentially responsible parties, gather evidence, assess damages, and help clients understand the federal administrative claims process.

Our evaluation can include identifying the appropriate federal agency, examining whether the responsible person acted within the scope of employment, and assessing whether a statutory exception may affect the claim. We also help clients understand the information needed to document the incident and present claimed damages before the applicable deadline.

With more than 20 years of experience helping injured people, founding attorney Patrick D. Witherington and our firm provide hands-on legal guidance focused on helping clients understand their options and pursue appropriate compensation. Patrick D. Witherington is admitted in Tennessee and earned his law degree from the University of Tennessee. His professional recognitions include an AV Preeminent rating, Mid-South Super Lawyers recognition, selection to The Best Lawyers in America 2026, and an Avvo 10.0 Superb Rating.

“Great lawyers and personal attention!” - Jennifer M., Facebook

Get an Early Assessment of Your Federal Injury Claim

If you were injured and believe a federal employee or agency may be responsible, a free initial consultation can help clarify which agency may be involved, what deadlines require attention, and what information should be gathered for an initial evaluation.

Call (615) 697-6503, or contact Witherington Injury Law to schedule a free initial consultation and learn whether you may have an FTCA claim.