Federal Tort Claims Act

If you were injured as a result of the negligence of a federal government employee, government vehicle, or on federal government property and wish to file a claim for damages, you must file according to the rules set forth under the Federal Tort Claims Act. Federal Tort Claims Act cases are conducted as ‘bench trials,’ a trial without the benefit of a jury. Sometimes this can act in the client’s favor and other times it will not. A myriad of circumstances can affect the outcome in a bench trial. Significant initial research is required to determine and minimize those difficulties and the goal prior to trial is to leave as little to chance as possible.

The Federal Tort Claims Act (FTCA) is a comprehensive legislative scheme by which the United States has waived its sovereign immunity to allow civil suits for actions arising out of negligent acts of agents of the United States. A litigant wishing to sue the United States in can only do so under the FTCA. Only the United States may be sued under the FTCA. Other parties whom the claimant wishes to bring into the action may be sued as pendent parties. The provisions of the FTCA are found in Title 28 of the United States Code.

Administrative Claims

Before an action may be filed under the Federal Tort Claims Act, an administrative claim must be presented to the federal agency employing the person whose act or omission caused the injury. An administrative claim should be presented on a government form called the Standard Form 95. Filling out the form according to the instructions on the form should assure that all necessary information is provided. After an administrative claim is presented to the appropriate agency, the agency has six months to either admit or deny the claim. A complaint cannot be filed until the administrative claim has been denied or until six months has passed without the agency acting on the administrative claim. Generally, an action may not be brought for damages greater than the amount of the claim presented to the federal agency. The requirement that a claimant must present an administrative claim and receive a final denial or wait for six months to pass before filing suit only applies when suit is filed against the United States.

Recent FTCA Cases:

Hach & Rose recently received an award of over one million dollars on behalf of someone injured in an automobile accident with a U.S. Postal vehicle.

If you have and questions regarding a Federal Tort Claims Act matter, feel free to give us a call or contact our firm through the contact page.