Claims Against the United States
(Federal Tort Claims Act)
If you are injured or lose property as a result of negligent acts of an employee of the military or another United States agency, you have a potential lawsuit against the United States of America. However, the rules in this area are very complex and somewhat forbidding. They are different from the usual rules that apply when one sues another person or a local or state agency.
A person can only sue the United States to the extent that the United States has consented to allow that person to sue it. The principal way that the United States “allows” itself to be sued is through the Federal Tort Claims Act, or “FTCA”.
Generally speaking, the following procedural principles apply for FTCA claims:
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Before going to court, you must first present a claim on a standard claim form with the appropriate U.S. agency (Air Force, Park Service, Coast Guard).
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Your claim must be filed with the agency within two years after discovering or when you reasonably could have discovered your injury or loss.
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Active Duty Military members are prohibited from suing under the FTCA, and their family members may not sue on their behalf.
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Dependents of members who are injured may pursue an FTCA claim on their own behalf; retirees may also sue.
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Within six months of a “final agency action” on your claim, you must file suit in federal district court.
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After six months without a decision from the agency, you may file suit.
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All claims are heard by judges; there are no juries under the FTCA.
These are general principles only. All claims are unique and you should always seek competent legal advice following a loss caused by a federal agency. Your claim may also be governed by one of the other ways the United States “allows” itself to be sued, such as the Suits in Admiralty or the Military Claims Act. To be sure that you follow the right procedure in making a claim to a federal governmental agency, you should consult with an attorney experienced in handling Claims Against the United States.