Define: Federal Tort Claims Act

The Federal Tort Claims Act is a federal law that allows individuals to sue the United States government for personal injury, property damage, or wrongful death caused by the negligence or wrongful acts of federal employees.

Any individual who has suffered harm or loss due to the negligence or wrongful acts of a federal employee can file a claim under the FTCA. This includes both U.S. citizens and non-citizens.

The FTCA covers a wide range of claims, including medical malpractice, motor vehicle accidents involving federal employees, slip and fall accidents on federal property, and other acts of negligence or wrongdoing committed by federal employees.

Yes, there are several exceptions to the FTCA’s coverage. For example, claims arising from the actions of military personnel during wartime are generally not covered. Additionally, claims for injuries caused by the discretionary acts of federal employees may be barred.

To file a claim under the FTCA, you must submit a written administrative claim to the appropriate federal agency within two years of the incident. The agency will then investigate the claim and either accept or deny it. If the claim is denied, you can file a lawsuit in federal court.

If your claim is successful, you may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and other losses caused by the negligence or wrongful acts of a federal employee.

No, the FTCA only allows individuals to sue the United States government, not individual federal employees. However, if a federal employee was acting within the scope of their employment, the government can be held liable for their actions.

Yes, there are caps on the amount of damages that can be recovered under the FTCA. The specific limits vary depending on the type of claim and the date of the incident. It is important to consult with an attorney to understand the applicable caps in your case.

Yes, if your claim is denied by the federal agency, you have the right to appeal the decision. The appeal process typically involves filing a lawsuit in federal court and presenting your case to a judge.

While it is not required to have an attorney to file a claim under the FTCA, it is highly recommended. An experienced attorney can guide you through the complex process, help gather evidence, and advocate for your rights to maximize your chances of a successful outcome.