How to Sue the Federal Government Under the FTCA

You can sue the federal government for money damages if a federal law waives sovereign immunity for your specific type of injury. For ordinary negligence caused by a federal employee on the job, that waiver is the Federal Tort Claims Act (FTCA).

To bring a claim, you must present a formal administrative claim to the responsible federal agency before filing a lawsuit in court. The claim must be in writing and must state a dollar figure that caps what you can recover later.

How to Sue the Federal Government, Step by Step

Under the FTCA, you must file an administrative claim before you can sue. Skipping this administrative step prevents a court from hearing your case.

1. Identify the responsible federal agency. You must direct your administrative claim to the specific agency whose employee caused the harm. If you send the paperwork to the wrong agency, federal regulations require that agency to transfer it to the correct one when it can be identified (28 C.F.R. § 14.2(b)(1)).
2. Gather all supporting records. Assemble medical bills, repair estimates, incident reports, and wage statements. You need exact records to justify your requested payout.
3. File an administrative claim within two years. You must present your claim in writing to the agency within two years after the claim accrues (28 U.S.C. § 2401(b)). The usual form is Standard Form 95 (SF-95), though any written notice that includes a "sum certain" satisfies the legal requirement (28 C.F.R. § 14.2(a)). Learn more in our guide to Standard Form 95 requirements.
4. State a sum certain. Your claim must demand an exact dollar figure. Failing to include a sum certain means you have not legally presented your claim.
5. Wait for the agency review. The agency evaluates the evidence and decides whether to settle. You can file a lawsuit immediately if the agency issues a written denial, or you can sue once six months have passed with no written decision (28 U.S.C. § 2675(a)).
6. File suit within six months of a written denial. If the agency mails a written denial, you have six months from the mailing date to file a complaint in federal district court (28 U.S.C. § 2401(b)). Alternatively, you can file a written request for agency reconsideration within that same six-month window (28 C.F.R. § 14.9(b)).
7. File your lawsuit in federal district court. Name the United States as the sole defendant, not the agency or individual worker (28 U.S.C. § 2679). A federal judge decides the case in a bench trial without a jury (28 U.S.C. § 2402).

If many individuals experienced identical harm from the same federal action, review how a class action against the government proceeds under these rules.

What Counts as an FTCA Claim

The Federal Tort Claims Act permits money claims against the United States for personal injury, death, or property loss. The harm must result from the negligent or wrongful act of a federal employee acting within the scope of their official employment (28 U.S.C. §§ 1346(b), 2671-2680).

The statute applies only where a private person would be liable under the law of the state where the incident occurred. The law covers federal employees. It does not cover independent contractors working for the government (28 U.S.C. § 2671).

Typical situations that qualify for an FTCA claim include:

• Traffic accidents caused by federal workers, such as a collision involving a United States Postal Service mail truck. Review our overview on suing a federal agency for agency-specific filing addresses.
• Medical malpractice at a Veterans Health Administration hospital or military medical facility.
• Slip and fall injuries caused by unsafe maintenance inside a federal courthouse, post office, or social security office.
• Property damage or bodily injury resulting from negligent operations on federal lands or national parks.

What You Cannot Sue for Under the FTCA

Congress preserved sovereign immunity for several major categories of government conduct under 28 U.S.C. § 2680. If your injury falls into one of these statutory exceptions, federal courts lack authority to award damages under the FTCA.

The discretionary function exception bars claims based on an official's policy judgments or administrative choices. The government cannot be sued under the FTCA for lost mail, tax collection disputes, combat activities during wartime, or events occurring in a foreign nation. Disputes over federal tax assessments must follow dedicated tax dispute channels, including the United States Tax Court, rather than the FTCA. For problems with federal tax administration, see our guide on how to sue the IRS.

The statute also excludes most intentional torts, such as assault, battery, false imprisonment, and malicious prosecution. The "law enforcement proviso" in 28 U.S.C. § 2680(h) is the exception. It allows FTCA claims for assault, battery, false arrest, false imprisonment, abuse of process or malicious prosecution. Those acts must be committed by federal investigative or law enforcement officers.

Under the Feres doctrine (Feres v. United States, 1950), active-duty service members generally cannot sue under the FTCA for injuries incident to service. Since the National Defense Authorization Act for fiscal year 2020, service members can submit an administrative medical malpractice claim directly to the Department of Defense (10 U.S.C. § 2733a). Separate statutes cover specific historical incidents, such as the Camp Lejeune Justice Act of 2022 for toxic water exposure.

Constitutional Violations by Federal Agents

The FTCA covers common-law torts like negligence, not federal constitutional violations. If a federal agent violates your constitutional rights, you cannot recover damages under the FTCA for that specific constitutional violation.

The Supreme Court recognized a limited implied right to sue individual federal agents for damages in Bivens v. Six Unknown Named Agents (1971). The Court later extended that remedy to gender discrimination in Davis v. Passman (1979) and Eighth Amendment medical neglect in prison in Carlson v. Green (1980). Individual officers are the named defendants in a Bivens lawsuit, not the United States.

Recent Supreme Court rulings have limited Bivens actions. In Ziglar v. Abbasi (2017) and Egbert v. Boule (2022), the Court stated that lower courts should be very reluctant to allow a Bivens claim in any new context. Federal judges refuse to recognize a Bivens action when Congress or an agency has provided an alternate remedy. Individual officers can also raise the defense of qualified immunity. For an analysis of these legal differences, see our comparison of FTCA, Bivens, and Section 1983 claims.

Money Claims That Are Not Injuries

Claims against the federal government that do not involve physical injury or property damage depend on different legal statutes. Breach of contract and constitutional property takings follow distinct rules.

The Tucker Act (28 U.S.C. § 1491) covers money claims against the United States based on the Constitution, a federal statute or regulation, or a contract. Those claims go to the U.S. Court of Federal Claims. This includes Fifth Amendment takings claims when the government seizes private property without just compensation. The Tucker Act has a six-year statute of limitations (28 U.S.C. § 2501). The "Little Tucker Act" (28 U.S.C. § 1346(a)(2)) gives federal district courts concurrent jurisdiction over non-tort claims that do not exceed $10,000.

If you want to stop an unlawful agency action rather than collect money, you use the Administrative Procedure Act (5 U.S.C. § 702). The APA waives sovereign immunity for non-monetary relief, allowing a federal judge to set aside arbitrary regulations or unlawful agency orders. APA actions generally carry a six-year statute of limitations under 28 U.S.C. § 2401(a).

What You Can Recover in an FTCA Lawsuit

Damages under the Federal Tort Claims Act are limited to actual economic and non-economic harm recognized by state law. You can recover past and future medical costs, lost wages, property repair bills, and pain and suffering.

Congress placed specific caps on what you can recover in FTCA proceedings:

• No punitive damages: Federal law explicitly bars punitive damages against the United States (28 U.S.C. § 2674).
• No prejudgment interest: You cannot collect interest that accrued before judgment (28 U.S.C. § 2674).
• The sum certain ceiling: You cannot demand more in a lawsuit than the sum certain on your SF-95. The exception is newly discovered evidence or intervening facts (28 U.S.C. § 2675(b)).
• Capped attorney fees: Federal law strictly limits attorney fees to 20% of an administrative settlement and 25% of a court judgment or settlement reached after filing suit (28 U.S.C. § 2678). Charging more is a federal misdemeanor punishable by a fine up to $2,000, up to one year in prison, or both.

Many court judgments and compromise settlements against federal agencies are paid from the Judgment Fund, a permanent appropriation administered by the United States Department of the Treasury. To plan your finances, read about how lawsuit proceeds are taxed and evaluate typical contingency fee agreements.

Mistakes That Sink Federal Claims

Procedural errors can end a claim against the federal government before a judge hears the evidence. Because sovereign immunity waivers are interpreted strictly, procedural mistakes can end your case.

Omitting a sum certain is a frequent error. If you write "to be determined" or fail to state a specific dollar amount on your SF-95, your claim was never properly presented under 28 C.F.R. § 14.2(a). The two-year deadline keeps running while you wait, and missing that window almost always ends the claim.

Another mistake is naming the wrong defendant in court. Lawsuits must name the United States of America as the defendant, not the agency or the worker (28 U.S.C. § 2679). Filing suit in federal court before the agency denies the claim or before six months elapse also results in dismissal for failure to exhaust administrative remedies. For practical guidance on finding legal help, review our guide to hiring an FTCA lawyer or see the general steps on how to file a lawsuit.

Frequently Asked Questions

Can citizens sue the federal government?

Yes, citizens can sue the federal government when a federal statute waives sovereign immunity. The Federal Tort Claims Act allows lawsuits for personal injury or property damage caused by negligent federal employees. Other statutes, such as the Tucker Act, permit lawsuits for breach of contract or uncompensated property takings.

Is it difficult to sue the federal government?

Suing the federal government involves strict administrative procedures that do not apply to regular civil lawsuits against private individuals. Claimants must submit a timely administrative claim with an exact sum certain, wait for an agency decision, and follow fixed statutory deadlines. Cases are heard in federal court by a judge rather than a jury, and punitive damages are prohibited by law.

Has anyone successfully sued the federal government?

Yes. The Judgment Fund, run by the U.S. Treasury, pays many court judgments and settlements against federal agencies. Claims succeed when the claimant proves negligence and follows the administrative steps.

Can I sue the FBI?

You cannot name the Federal Bureau of Investigation directly as a defendant in a tort lawsuit, because the Federal Tort Claims Act requires you to sue the United States. You can file an administrative claim for harm caused by FBI agents. The law enforcement proviso in 28 U.S.C. § 2680(h) also allows claims for assault, battery, false arrest and malicious prosecution by those agents. For constitutional violations, lawsuits against individual agents under Bivens are heavily restricted by recent court decisions.

How long does an FTCA claim take?

The federal agency has up to six months to decide your claim. It can deny the claim sooner, and you can sue as soon as it does. If the case goes to federal court, the lawsuit adds more time before trial or settlement. For a broader look at civil timelines, see our review of how long settlements take.

Do I get a jury trial against the federal government?

No. Under 28 U.S.C. § 2402, a federal district judge tries FTCA cases against the United States without a jury. The judge hears the testimony, decides liability and sets the damages.

What is governmental immunity?

Governmental immunity means that sovereign government entities cannot be sued for money unless an explicit legislative act waives that protection. The federal government and the states have sovereign immunity. The FTCA is the federal waiver for negligent acts by federal employees. Local entities such as cities, counties, and school boards possess more limited immunity defined by state law.

Can you sue a government entity?

Yes, you can sue federal, state, and local government entities, provided you comply with the specific waiver laws and administrative notice rules that apply to that level of government. To understand notice requirements and state tort claims procedures, consult our detailed overview on how to sue the government.