The FTCA includes many limitations and exemptions, so you cannot sue for every wrongful or negligent act committed by a federal employee that causes you harm.The FTCA only permits lawsuits against federal employees for negligence while acting within the scope of their employment duties. Government contractors cannot be sued under the FTCA., Pull together all of your documents and any witnesses you intend to use as evidence of your claim before you proceed.


The only type of relief allowed by the FTCA is monetary damages of a specific amount. Your state law will determine whether the federal employee was negligent, so you must look at state law to determine what sort of evidence would support your claim.Your claim must include the exact dollar amount of money you believe you are owed, as well as a detailed account of the facts and circumstances that gave rise to your claim.
Any documents such as medical bills that lend support to the dollar amount you are claiming should be included with your claim.Police reports or insurance company reports also may be valuable. For example, if you get into a car accident with a U.S. postal truck and the police report indicates that the postal worker was at fault in the accident, the U.S. government may be responsible for your damages., You must exhaust all administrative resources before you file a lawsuit under the FTCA.


The FTCA requires you to file your claim with the federal agency responsible for the negligence you allege. For example, if your claim was based on an accident that occurred while you were in a Social Security office, you would file your form with Social Security.The simplest way to file your claim is to use the federal government's standard claim form, known as Standard Form 95.The Department of Justice makes this form available at http://www.justice.gov/sites/default/files/civil/legacy/2011/11/01/SF-95.pdf.
You must file your administrative claim within two years of the incident that gave rise to your claim., Federal courts and the FTCA have complex procedures, and an attorney can help guide you and ensure everything is done correctly.Given the brief timeframe you have to file a federal tort claim, making a mistake could mean you have missed the deadline and no longer have the ability to recover damages.
An experienced attorney understands all the exceptions and legal defenses that may be claimed by the federal government, and can help you anticipate those defenses and argue against them., After you file your administrative claim, the agency has six months to respond.If the agency admits your claim, it may pay some or all of the money you claim you are owed, in which case you wouldn't have to go to court., After six months, you have the ability to sue for money damages from the government.If the agency denies your claim, you have six months from the date on your notice of denial to file a lawsuit. However, you don't have to wait for the agency to rule before you proceed with your lawsuit.You have the choice of filing your lawsuit either in the U.S. District Court where you live, or where the incident took place that gave rise to the claim (if it happened in a different county or state). However, you must file in federal court and cannot sue the federal government in state court.You must pay a filing fee of $400 to initiate a civil action in federal court.If you can't afford the filing fee, you can fill out an application with your financial information and request that the fees be waived in your case.
Once you've filed your lawsuit, the case proceeds as any other civil lawsuit does in federal court.
Determine if your claim is allowed under the Federal Tort Claims Act.
Gather information and supporting documentation for your claim.
File an administrative claim with the appropriate agency.
Consider hiring an attorney.
Wait for the agency response.
File a lawsuit in federal court.
{"src": "wikihow-all_test", "title": "How to Claim for Damages3"}