What Is the Federal Tort Claims Act (FTCA)?
The Federal Tort Claims Act (FTCA) is a U.S. law that allows private citizens to file lawsuits against the federal government for injuries caused by the negligent actions of federal employees while performing their official duties. Before the FTCA, the government was largely immune from such claims under the principle of sovereign immunity.
Key Provisions of the FTCA
- Scope of Liability: Covers negligence by federal employees acting within the scope of their employment, such as postal workers or military doctors.
- Exclusions: Does not cover intentional acts, military combat-related injuries, or discretionary government functions.
- Administrative Exhaustion: Plaintiffs must first file an administrative claim with the relevant federal agency and wait for its resolution before filing a lawsuit.
Legal Implications of the FTCA
- Compensation for Damages: Victims can recover damages for medical bills, lost wages, and pain and suffering.
- Strict Deadlines: Claims must be filed within specific timeframes, usually two years from the injury.
- Complex Procedures: FTCA claims involve unique legal rules and require experienced legal representation.
The FTCA balances the need for government accountability with protections for essential public functions, enabling victims to seek compensation for negligence.
