Suing the federal government is not like pursuing a claim against a private individual or business. The Federal Tort Claims Act provides one of the only legal pathways for holding the government accountable for injuries its employees cause, but the process is far more complex than a standard personal injury claim. Strict procedural requirements, short deadlines, and significant exceptions mean that a misstep early in the process can permanently bar you from recovering any compensation at all.
Before reaching out, it is worth knowing that our firm does not accept every type of FTCA case. Rubin, Glickman, Steinberg & Gifford represents clients in a defined set of federal tort matters — specifically those involving VA medical malpractice, military medical malpractice, collisions caused by federally-operated vehicles, and injuries that occur on federal property. For clients whose situations fall within these areas, we are committed to guiding them through every stage of this demanding process in pursuit of the full and fair compensation they deserve.
What Is the Federal Tort Claims Act?
Enacted in 1946, the Federal Tort Claims Act created a limited waiver of federal sovereign immunity, meaning the government gave up its longstanding protection from civil lawsuits in certain circumstances. Before this law, the federal government was effectively untouchable in court, and injured individuals had little to no recourse.
Under the FTCA, the federal government may be held liable for the negligent or wrongful acts of its employees when those employees were acting within the scope of their official duties. Importantly, the FTCA does not create a federal definition of negligence but instead applies the law of the state where the injury occurred, which means Pennsylvania law governs claims arising from incidents in this state.
How FTCA Claims Work: The Administrative Process
One of the most important things to understand about FTCA claims is that you cannot go directly to court. Before filing a lawsuit, you must first submit a written administrative claim to the responsible federal agency. According to the U.S. Department of Veterans Affairs Office of General Counsel, a tort claim must be received by the proper agency within two years of the date the claim accrued.
Once the agency receives your claim, it has six months to respond. If it denies your claim or fails to act within that window, you may then file a lawsuit in United States District Court. The proper defendant is always the United States of America, not the individual employee or the agency itself. Failing to follow these steps in the correct order will result in dismissal of your case, regardless of how strong your underlying claim may be.
Types of FTCA Cases We Handle
Not every FTCA claim is the same, and the specific circumstances of your case will shape the legal strategy required. Our firm handles the following types of federal tort claims in Pennsylvania.
The FTCA cases we take on include:
- VA Medical Malpractice: Veterans who receive substandard care at a VA hospital or facility may have grounds for a federal tort claim when that negligence results in serious harm.
- Military Medical Malpractice: Service members and their families treated at military medical facilities may pursue compensation through the FTCA when negligent care causes injury.
- Serious Auto Accidents Involving Federally-Owned Vehicles: When a federal employee operating a government vehicle causes a serious collision, victims may seek compensation through the FTCA rather than a standard personal injury claim.
- Injuries Sustained on Federal Property: Dangerous or poorly maintained conditions on federally owned property can give rise to a valid FTCA claim when those conditions cause injury to visitors or others lawfully present.
Each of these case types involves its own procedural nuances, and some may intersect with other areas of law. Our medical malpractice attorneys and car accident lawyers bring relevant experience to these cases, helping clients understand their options and pursue claims with precision.
Key Deadlines and Procedural Pitfalls
The FTCA’s procedural requirements are among the most unforgiving in all of personal injury law. Missing a deadline or filing a claim with the wrong agency can end your case before it ever gets to court. These are not technicalities that courts routinely overlook; they are jurisdictional requirements that can leave even a meritorious claim without a remedy.
The two-year window to file your administrative claim begins on the date your claim accrues, which is typically when the injury occurred or when you reasonably should have discovered it. After the agency acts or the six-month review period expires, you then have six months to file suit in federal court. Working with an attorney from the outset is the most reliable way to ensure these deadlines are met and your claim is properly presented. In cases involving wrongful death or catastrophic injury, early legal involvement is especially critical because the stakes of a procedural error are so significant that they may affect wrongful death claims as well.
Schedule Your Free Consultation with Rubin, Glickman, Steinberg & Gifford
At Rubin, Glickman, Steinberg & Gifford, we bring over 65 years of experience representing Pennsylvanians in complex, high-stakes legal matters. Our firm has earned recognition as a “Best Law Firm” by U.S. News & World Report every year since 2010, reflecting our commitment to handling even the most challenging cases against powerful defendants. When the federal government is on the other side of your case, you need attorneys who understand both the law and the process.
If you or someone you care about has been seriously injured due to the negligence of a federal employee or on federal property, we want to help you evaluate your options. To speak with a knowledgeable Pennsylvania FTCA attorney, please complete our contact form.
