Process for Filing a Claim Against the Federal Government - FTCA Claim
If you have been injured by the negligence of a federal employee, the Federal Tort Claim Act (FTCA) sets out a strict process that must be followed to file your claim. First, you must file a written claim with the appropriate administrative agency, which is usually the agency where the negligent employee works. This is typically done by completing and filing a Standard Form 95. This claim must be submitted within two years after the injury. It is important to note that you should be careful to claim any and all damages in this initial filing, as plaintiffs who later bring civil lawsuits will be limited by the damages listed in their administrative claim.
The administrative agency has six months to act on your claim. If the agency rejects your claim or refuses to pay all the damages you seek, you then have six months after the mailing of that decision to file a civil lawsuit against the federal government. If the agency fails to act on your claim within six months after you submit it, you may consider that a denial and file your federal lawsuit at that time.
As you can see, suing the federal government is a complicated process. If you think you have an FTCA claim, contact our office at 615-742-4880 or toll-free at 866-812-8787 so that we can review your case and see if we can help. Our award-winning lawyers handle all accident cases on a contingency basis, which means we only get paid if we recover money for you. And, unlike a lot of lawyers, we advance all case expenses so you do not have to pay any money out of pocket to pursue your rights. To learn more about our fees and how we handle case expenses, click here.