We routinely handle personal injury or medical malpractice claims against private individuals. Sometimes, the responsible party is an employee of the federal government. Claims against the federal government are called Federal Tort Claims Act (FTCA) claims. Examples of FTCA claims include injuries due to defects in property owned and operate by the federal government (post office or campgrounds, for example), auto accidents with federal employees, and medical malpractice claims involving government employed medical providers at a VA hospital.

FTCA claims have unique requirements and a special statute of limitations. The FTCA permits claims and lawsuits against federal employees acting within the scope of their employment relationship with the federal government. Independent contractors working for the federal government are not covered by the FTCA. The FCTA permits negligence claims that are available under state law. If your claim does not fall into these categories, you will not be able to file suit against the federal government.

You are required to file your injury claim with the federal agency that is responsible before you can file a lawsuit. Once filed, the federal government has a period of time to either investigate and then either admit or deny liability before you are allowed to file a lawsuit. The claim is filed on Standard Form 95. The claim must be filed within two years of the date of your injury. The claim must state specific facts about the injury and must request a specific dollar figure for compensation. This amount become the top amount that the agency may pay you if they accept the claim for payment.

If the responsible agency denies your claim, you are allowed to file suit in federal court. An FTCA lawsuit is filed in the U.S. District Court where you reside or where your FTCA claim arose. The claim is not filed in the state court system.

You have the right to represent yourself in the administrative claim and in federal court, but it is not recommended. FTCA claims often involve complicated facts and the application of the FTCA so that you are not likely to be able to recognize all of the issues, defenses and hurdles to a successful claim.

Our experienced attorneys have handled Federal Tort Claims Act (FTCA) claims involving personal injury and medical malpractice claims. Contact us to discuss your claim today.