Yes, under specific circumstances, you can sue the federal government if you’ve been injured due to the negligence of a federal employee. However, the process is very different from filing a typical personal injury claim and is governed by a unique set of laws and requirements.
At Hillstone Law, we help injury victims navigate complex claims including those involving the federal government so they can pursue the compensation they deserve.
Understanding Your Right to Sue the Federal Government
Normally, government agencies are protected by “sovereign immunity,” meaning they cannot be sued without their consent. But with the passing of the Federal Tort Claims Act (FTCA) in 1946, the federal government waived this immunity in many personal injury cases.
This law allows individuals to file claims against the federal government for injuries caused by the negligence or wrongful acts of its employees, provided the act occurred within the scope of their employment.
What Makes Suing the Federal Government Different?
Filing a claim against the federal government comes with strict guidelines and procedural hurdles that do not apply in private lawsuits. These include:
- Shorter filing deadlines
- Mandatory notice before suing
- Limitations on damages and attorney fees
- No jury trials – a federal judge will decide your case
You must also prove the same basic elements of negligence:
- A federal employee owed you a duty of care
- That duty was breached
- The breach caused your injuries
- You suffered actual damages as a result
When Does the FTCA Apply?
You can pursue a claim under the FTCA if:
- A federal employee (not a contractor) caused your injury
- The employee was acting within the scope of their official duties
- The negligent act would qualify for a lawsuit under state law if done by a private individual
For example, if you were injured in a car accident caused by a USPS driver or slipped and fell at a federal building like a VA hospital or Social Security office, you may have a valid claim.
Can You Sue Over Injuries Caused by Contractors?
In most cases, independent contractors hired by the federal government are not covered under the FTCA. If a contractor caused your injury, you’d typically need to file a claim against the contractor directly unless they are functioning as a federal employee under specific legal definitions.
Filing a Federal Tort Claim: How It Works
Before you can sue, you must submit an administrative claim using Standard Form 95 to the federal agency responsible for the incident. This form must include:
- A clear description of the incident
- The injuries and damages sustained
- The dollar amount you are seeking in compensation
- Supporting documentation
This step gives the agency a chance to settle your claim without going to court.
Important Deadlines to Know
- Within 2 years of the injury: You must file your administrative claim
- Within 6 months of the agency’s response (or lack thereof): You must file a formal lawsuit in U.S. District Court
Failure to meet these deadlines will likely result in your claim being dismissed.
Limits on Compensation Under the FTCA
While you can recover for medical bills, lost wages, and pain and suffering, you cannot seek:
- Punitive damages
- Pre-judgment interest
- Attorney fees over 25% of a court award or 20% of an administrative settlement
Why You Need a Personal Injury Lawyer
Claims against the federal government are often more complicated than standard personal injury cases. There are more rules, more red tape, and more chances for a mistake to cost you your right to compensation.
At Hillstone Law, we understand how to handle FTCA claims from start to finish. Our experienced legal team can:
- Determine whether your case qualifies
- File all required forms on time
- Gather evidence to support your claim
- Negotiate a fair settlement or pursue litigation in federal court
Speak with Hillstone Law About Your Federal Injury Claim
If you’ve been hurt due to the negligence of a federal employee or on federal property, don’t try to navigate the process alone. Let Hillstone Law advocate for your rights, guide you through the FTCA process, and fight to recover the compensation you’re owed.
Contact us today for a free consultation.
