If an employee or agency of the United States has injured you, The Federal Tort Claims Act (FTCA) removes the federal government’s immunity from certain types of tort claims and gives the government responsibilities much like those of a private citizen. This system allows citizens to file civil suits against the government. If a private citizen committing the same act would be liable under tort law, the federal government can also be held liable, unless certain limitations stated in the act apply. In some respects, tort claim cases are quite different from ordinary tort cases. In such a case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within a limited amount of time.
Below is the Standard Form 95 (SF-95) that is used to file a tort claim. Whitehurst, Harkness, Brees, Cheng, Alsaffar, Higginbotham, and Jacob, PLLC, has experience in representing injured parties at the administrative claim stage and throughout trial in federal courts all over the United States. You must be careful to properly complete the tort claim form, because your SF-95 form submission can limit your recovery in the future. If you need assistance seeking a federal tort claim against an agency of the United States, such as the Veterans Affairs, Department of Army, Air Force, or Navy, contact the lawyers at our firm for a free consultation.