​If you’ve been injured due to the negligence of a federal employee or agency, you may have the right to file a claim under the Federal Tort Claims Act (FTCA). Unlike typical personal injury cases, FTCA claims involve special procedures, stricter deadlines, and specific legal limitations when suing the U.S. government.

 

At Sipio Law, we can guide you through the complex FTCA process.

 

What Is an FTCA Claim?

 

The FTCA allows individuals to seek compensation from the federal government for injuries caused by negligent or wrongful acts of government employees acting within their official duties. Examples of hypothetical FTCA claims include:

 

• Medical malpractice at a VA hospital or military clinic

• Auto accidents caused by a federal employee driving a government vehicle

• Slip and fall injuries at a post office or other federal building

• Negligence by federal law enforcement officers

 

How We Can Help

 

Navigating an FTCA claim requires following strict procedural steps, including the exhaustion of administrative remedies. If the government does not settle your case administratively in a timely manner or denies your claim, you have the right to file a lawsuit in an appropriate federal court.​

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​If the case moves into litigation, it generally proceeds like any other personal injury claim. However, by statute there is 1.) no right to a jury trial, 2.) no ability to collect punitive damages and 3.) the "discretionary function exception" can serve as a bar to some types of claims that would otherwise be actionable.

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For example, a National Park Service decision on where to place guardrails on a mountain road might be covered the discretionary function exception. On the other hand, FTCA liability might attach if a government employee violates a mandatory safety protocol, is negligent in driving a government vehicle (non-policy-based conduct) or if he or she failed to follow specific maintenance procedures required by regulation.

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If you need a consultation for this type of claim, please do not hesitate to contact us.