What Is a Federal Tort Claim?
Before 1946, the doctrine of sovereign immunity meant citizens couldn't sue the federal government for injuries. A tragic 1945 incident — when a B-25 bomber crashed into the Empire State Building in foggy conditions — helped change this. The accident and its aftermath led to the creation of the Federal Tort Claims Act (FTCA) in 1946, finally giving citizens the right to seek compensation for injuries caused by federal employees or accidents on federal property.
Today, a Federal Tort Claim allows you to seek compensation when a federal employee's negligence causes injury during their official duties. This includes accidents involving postal vehicles, injuries at federal buildings, medical mistakes at VA hospitals, and other situations where federal workers fail to maintain proper safety standards. The FTCA provides the legal framework to hold federal agencies accountable when their actions harm citizens.
Personal Injury Cases Covered by the Federal Tort Claims Act
The Federal Tort Claims Act specifically addresses personal injuries caused by government negligence. Personal injuries covered under the Federal Tort Claims Act span many scenarios where federal employee negligence leads to harm. These include:
- Motor vehicle accidents involving federal vehicles like USPS trucks or military vehicles.
- Slip and falls on improperly maintained federal property.
- Medical malpractice at VA hospitals and federal healthcare facilities.
- Construction accidents on federal work sites.
- Injuries from negligent maintenance of federal buildings and grounds.
Filing a Personal Injury Claim Against the Federal Government in New York City
The path to compensation through an FTCA claim follows strict protocols and timelines. Here's what you'll need to do:
- Submit an SF95 claim form within two years of your injury to the responsible federal agency. This form must detail all relevant facts and specify your exact compensation request.
- Allow the federal agency six months to review and rule on your claim. They may accept responsibility and offer full or partial compensation or deny the claim entirely.
- If your claim is denied, you have six months from the denial date to file a federal lawsuit.
To succeed with your claim, you must prove:
- A federal employee caused your injury while performing their official duties.
- The employee acted negligently or wrongfully.
- The employee's actions directly led to your injuries and losses.
- The incident occurred in a situation where a private person would be liable under local law.
The complexities of federal claims demand knowledge and skills that go beyond standard personal injury cases. Working with a personal injury law firm experienced in FTCA claims dramatically improves your chances of success.
Damages You Can Recover After Suing the Federal Government for a Personal Injury
A successful FTCA claim can provide compensation for various damages stemming from your injury:
- Current and future medical expenses.
- Lost wages and diminished earning capacity.
- Physical therapy and rehabilitation costs.
- Pain and suffering.
- Permanent disability or disfigurement.
- Loss of quality of life.
- Property damage related to the incident.
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How Sakkas, Cahn & Weiss Can Win Your FTCA Case in NYC
Our legal team brings decades of experience handling complex federal tort claims. We thoroughly document every aspect of your case — gathering evidence, interviewing witnesses, consulting medical professionals, and calculating full damages. While you focus on recovery, we handle all communication with federal agencies and their representatives. With Spanish-speaking staff available and a proven record of multi-million dollar recoveries, we fight tirelessly for maximum compensation.