The Federal Tort Claims Act (FTCA) allows individuals and organizations to sue the federal government for damages. However, the law places certain limitations on such claims. Learn more about what the Federal Tort Claims Act is, when to use it, and what limitations apply.
What Is a Tort?
A tort is damage or injury to a person or property caused by someone’s negligent act or omission. Tort law addresses the legal right of harmed individuals to seek compensation from the party liable for their losses. Examples of common tort claims include car accidents, medical malpractice, and product defects.
While many tort cases involve suing one person for negligence, like a driver who ran a red light, others are more complex. For instance, if an employee is negligent on the job and harms someone, the injured party could also sue the employer. Until the FTCA, federal agencies were exempt from such liability.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) is a law passed in 1946 that allows injured individuals to sue the federal government for negligence. Before 1946, the government had sovereign immunity from legal consequences for the negligence of its employees.
Following the establishment of the FTCA, the U.S. government became liable for employee-caused injuries, which opened the door to civil litigation against the United States. This new level of accountability allowed individuals to seek compensation from previously immune federal entities. For example, under the FTCA, a retired member of the military could sue a Veterans Administration (VA) hospital for medical malpractice if a hospital worker was negligent or careless.
According to the Congressional Research Service, the FTCA provides three advantages:
- It allows private individuals to hold the U.S. government accountable for federal employee negligence, creating accountability and incentive for the United States to monitor its employees.
- It creates a mechanism for victims to receive compensation for damages they incurred due to government negligence.
- It lets legal action against the federal government be handled by the court in the jurisdiction where the plaintiff lives or the negligent act took place. Without this option, it could be incumbent upon Congress to handle every tort dispute.
Federal vs. State Tort Laws
Tort law also applies on a state or local level. Statutes, codes, laws, ordinances, and case law establish definitions of negligence and grounds for legal action. State and local laws may permit the injured party to seek compensation for medical bills, lost income, and pain and suffering. These losses, called compensatory damages, aim to help the injured party recover economic and non-economic losses.
State tort law may also allow the injured party to claim punitive damages. Unlike compensatory damages, punitive damages do not seek to recover losses on behalf of the plaintiff. The court awards punitive damages to discourage the at-fault party from repeating their damaging or negligent actions.
Federal tort law under the FTCA allows plaintiffs to bring a lawsuit against the US government, but only if the claim is to recover monetary compensation for property damage, personal injury, or death caused by a federal employee’s negligence. FTCA claims do not allow for punitive damages.
Proving Negligence Under the FTCA
As a rule of thumb, a tort claim against the United States must meet the same standards for liability as one against a private individual. The plaintiff must show that:
- A federal employee acted negligently or wrongfully.
- The plaintiff suffered injuries as a direct result of the federal employee’s negligent behavior.
- The employee was acting within their scope of work for the federal government when the injury occurred.
- The plaintiff suffered losses as a result of the federal employee’s negligence.
Unlike a typical tort claim, an FTCA claim against the United States must first be submitted as a complaint to the appropriate agency. This gives the agency an opportunity to review, correct, and provide compensation for the claim. If the agency does not return a favorable response, the plaintiff can file a request for reconsideration or sue the agency in the appropriate U.S. District court.
Types of Tort Claims Covered Under the FTCA
Tort claims under the FTCA may include accidents on federal property, wrongful death, medical malpractice, and environmental contamination.
Accident Injury Claims
An individual who suffers injuries on federal property could have grounds to pursue damages against the U.S. government. Injuries may occur due to industrial accidents, motor vehicle collisions, aviation accidents, or even warehouse accidents on government property. Typically, smaller claims are settled via administrative claims through the appropriate agency. However, if the plaintiff is unhappy with the settlement or the case is complex, they may decide to sue for compensatory damages.
Wrongful Death Claims
Certain immediate family members, dependents, or loved ones could seek compensation from the federal government for the loss of a loved one due to government employee negligence. For instance, if an individual died due to chemical exposure from a government military facility, the family could recover burial and funeral expenses, medical costs, lost income, and pain and suffering.
Medical Malpractice Claims
Military and VA hospitals for active-duty and retired members of the military can be held accountable for medical malpractice under the FTCA. Examples of medical malpractice include delayed diagnosis, failure to diagnose, incorrect treatment, failure to treat, incorrect medication, surgical errors, and more. If the victim was a patient of a doctor or other professional who failed to act consistent with the standard of care for their field, the patient could have grounds to sue.
Environmental Contamination Cases
Environmental tort litigation, also called toxic torts, involves environmental contamination that arises from negligent, careless, or willfully wrongful actions by military or government contractors. A recent example of such a claim is the Camp Lejeune water litigation. The suit addresses claims that Marine Corps Base Camp Lejeune in North Carolina released dangerous chemicals into the local water supply. Claimants seek compensation for illness and death caused by exposure to those chemicals.
Other examples of cases involving government negligence include sexual assault claims against military personnel, wrongful incarceration cases, and constitutional rights violations by the FBI and other law enforcement agencies.
Limitations Under the Federal Tort Claims Act
Like state tort claims, the FTCA has certain limitations on claim filings. Most administrative claims against a federal agency must be submitted within two years of the incident. However, this time frame can differ if the statute of limitations is different in the state where the injury occurred. Typically, the agency has six months to respond. Upon receiving the response, the plaintiff has six months to file an FTCA lawsuit.
In addition to time considerations, the FTCA limits certain types of liability and does not allow for punitive damages. Individuals suffering from injury or illness due to a federal employee’s negligence benefit from consulting a personal injury attorney with experience handling federal tort claims. A skilled injury lawyer can help victims navigate the complexities of the FTCA claim process and determine whether an FTCA lawsuit is appropriate.
