What Is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) is a federal law that allows individuals to sue the United States government for certain types of injuries caused by federal employees. Normally, under sovereign immunity, you cannot sue the federal government. The FTCA provides a limited waiver of that immunity, giving people a legal path to seek compensation when a government employee acting within the scope of their duties causes harm.
When Can You File a Claim?
The FTCA applies when a federal employee, acting within the course and scope of their official duties, causes:
Personal injury or death
Property damage
Losses caused by negligence
Common examples include car accidents involving federal employees driving government vehicles, slips and falls on federally maintained property, or injuries caused by mistakes of federal agents. However, the FTCA does not cover intentional misconduct, discretionary acts, or actions outside the employee’s official duties.
Procedural Requirements and Notice
Filing a claim under the FTCA requires strict compliance with federal rules. One of the most important steps is submitting a written administrative claim to the appropriate federal agency within two years of the incident. The claim must detail the nature of the injury, the damages sought, and the circumstances of the incident. Failure to follow these requirements can result in the dismissal of your claim, so careful attention to procedure is critical.
Damage Limits and Caps
Unlike some state laws, the FTCA does not impose strict monetary caps on damages for personal injury or property damage. However, recovery is still limited to losses caused by the negligent actions of federal employees within the scope of their duties. Certain types of claims, such as punitive damages, are not allowed under the FTCA.
Why the FTCA Matters
The FTCA provides a legal avenue to hold the federal government accountable while protecting public resources. It ensures that individuals injured by federal negligence can seek compensation, but it also imposes procedural rules and limitations to prevent abuse. Navigating the FTCA requires careful attention to detail, deadlines, and documentation..
If you were injured by a federal employee or on federal property, contact The Kaufman Law Firm today for a free consultation. We can help you understand your rights under the FTCA and take the necessary steps to pursue compensation.
