The Federal Tort Claims Act represents one of the few legal pathways available for Americans to seek compensation when federal government employees cause injury through negligence or wrongful conduct. Prior to 1946, the doctrine of sovereign immunity essentially made the federal government untouchable in civil court, leaving injured parties with no recourse except hoping Congress would pass special legislation for their individual cases. The FTCA changed this landscape by creating a limited waiver of federal sovereign immunity, though navigating its complex requirements demands careful attention to strict procedural rules and significant exceptions.
When federal employees acting within the scope of their duties cause harm through negligent actions, victims may find themselves facing unique legal challenges that differ substantially from typical personal injury cases. At Rubin, Glickman, Steinberg & Gifford, we understand that claims against the federal government require extensive knowledge of specialized procedures and deadlines that can easily trap unwary plaintiffs. Our experience with complex personal injury cases, including those involving government liability, positions us to help victims navigate these challenging waters and pursue the compensation they deserve.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act, enacted in 1946, permits private parties to sue the United States in federal court for most torts committed by persons acting on behalf of the United States. Under the FTCA, the federal government acts as a self-insurer and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties. The Act was passed following the 1945 B-25 Empire State Building crash, where a bomber piloted in thick fog crashed into the north side of the building, though similar legislation had been pending in Congress for more than two decades.
The FTCA does not create a federal definition of negligence but instead looks to the law of the state where the injury occurred. This means the government can be held liable in the same manner as a private individual would be under that state’s laws. The remedy against the United States for the negligent or wrongful acts of its employees is exclusive, meaning that individuals cannot sue the federal employee personally for actions taken within the scope of their employment. This exclusive remedy protects federal employees from personal liability while ensuring victims have a path to compensation through the government.
When You Can Sue Under the FTCA
To state a valid claim under the FTCA, the claimant must demonstrate that they were injured or their property was damaged by a federal government employee who was acting within the scope of official duties, was acting negligently or wrongfully, and that the negligent or wrongful act proximately caused the injury or damage. Common scenarios include accidents involving federal vehicles, slip and fall incidents at federal facilities, and medical malpractice by doctors at Veterans Administration hospitals or other federal medical facilities.
The FTCA covers both negligent misconduct, which forms the majority of claims, and certain intentional torts committed by federal law enforcement and investigative employees, including assault, battery, false imprisonment, false arrest, abuse of process, and malicious prosecution. However, the law does not apply to federal contractors, meaning if you were injured by a contractor’s employee working for the government, you must sue the contractor directly rather than pursuing an FTCA claim. The scope of employment requirement also means that actions clearly outside an employee’s job duties, such as personal criminal conduct, typically fall outside FTCA coverage.
Critical Procedural Requirements and Deadlines
Under the FTCA, a tort claim against the U.S. must be presented in writing to the appropriate federal agency within two years after the claim accrues, or it is time-barred. Once the agency mails a response, the plaintiff then has six months to file the suit in federal court. Standard Form 95 is used to present claims against the United States under the FTCA, though it is not required. However, it provides a convenient format for supplying the necessary information and must state a claim for money damages in a “sum certain” amount.
The administrative exhaustion requirement means you cannot simply file a lawsuit in federal court without first presenting your claim to the responsible federal agency. Filing a lawsuit before exhausting the administrative claims process will result in dismissal, and the proper defendant is the “United States of America,” not the individual employee or the agency. Missing these procedural requirements represents the most common and often fatal errors in FTCA cases, making it crucial to work with attorneys familiar with these specialized procedures from the outset.
Rubin, Glickman, Steinberg & Gifford: Your Advocates Against Federal Government Claims
Federal Tort Claims Act cases demand specialized knowledge of complex federal procedures, strict deadlines, and numerous exceptions that can derail even meritorious claims. Our attorneys understand both the substantive requirements of FTCA claims and the procedural pitfalls that frequently prevent victims from obtaining compensation. Whether your case involves a vehicle accident with a federal employee, medical malpractice at a VA facility, or injuries caused by dangerous conditions on federal property, we have the experience to evaluate your claim and guide you through the administrative process.
We recognize that taking on the federal government requires persistence, attention to detail, and thorough preparation at every stage of the process. Our commitment to justice and our recognition as a “Best Law Firm” by U.S. News & World Report every year since 2010 demonstrates our ability to handle even the most challenging cases against powerful defendants. If you believe you have been injured by the negligence of a federal employee, contact us today at (215) 822-7575 or through our online contact form to discuss your case and learn how we can help you navigate the Federal Tort Claims Act process.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
October 1, 2025
