Injured by a Federal Employee? Understanding Your Rights Under the Federal Tort Claims Act

If you have been injured due to the negligence of a federal employee, you may feel overwhelmed and unsure of where to turn. Whether you were hit by a postal truck or received poor medical treatment from the VA, seeking justice from the federal government may seem impossible. Suing the federal government is not like a standard personal injury case. But at Bodewell Legal Group, we specialize in navigating the intricate legal landscape of the Federal Tort Claims Act (FTCA) to ensure our clients receive the justice they deserve.

What is the Federal Tort Claims Act?

The FTCA is a federal law that serves as a waiver of the United States’ sovereign immunity. In simple terms, the government generally cannot be sued unless it gives permission, and the FTCA is that permission in many contexts. It is the only way to sue the federal government for injuries, property damage, or wrongful death caused by the negligence of federal employees.

A Path Riddled with Complexity

FTCA cases are notoriously complex and governed by unique procedural requirements and strict deadlines. One small oversight or misstep can result in your case being dismissed before it ever reaches a courtroom.

Examples of these complexities include:

• Mandatory Administrative Exhaustion: You cannot simply file a lawsuit in court. You are required to first present an administrative claim to the specific federal agency that employed the person responsible for your injury.
• The Two-Year Clock: You must present your claim within two years from the date the injury occurred.
• The “Receipt” Rule: A claim is only legally “filed” when it is actually received by the agency, not when you drop it in the mailbox.
• The “Sum Certain” Trap: Your claim must include a “sum certain”—a specific dollar amount for your damages. This is critical because, with very few exceptions, you cannot recover more than the amount you initially listed on your administrative form. If you undervalue your claim at the start, the court cannot award you more later.

Experience Matters

Because the federal government has unique defenses and imposes technical requirements, having an experienced FTCA attorney is vital. At Bodewell Injury Group, we understand how to properly document and present your claim to get the results you deserve.

We go beyond the basics of filing a Standard Form 95 (SF-95). We work to submit a comprehensive demand letter along with supporting evidence directly to the federal government to build the strongest case possible from day one.

Don’t navigate the federal legal system alone. If you believe you have a claim against a federal agency, contact Bodewell Injury Group today. We have the expertise to handle the government’s red tape so you can focus on your recovery.

Roger Grantham

Attorney, Bodewell Injury Group

Roger Grantham is an attorney at Bodewell Injury Group.

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