A Federal Tort Claims Act (FTCA) claim is a claim for money damages against the United States for an injury caused by the negligence of a federal employee acting within the scope of their job. The FTCA, 28 U.S.C. § 1346(b) and §§ 2671 to 2680, is the route for these claims, and it begins with a written administrative claim to the responsible agency within two years, under 28 U.S.C. § 2401(b).
Northern Virginia is home to a large federal workforce and many federal vehicles and facilities, so these claims come up often. Blank Kim Injury Law handles them from our Fairfax office on Chain Bridge Road. Attorney Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Injuries the Federal Tort Claims Act covers
The FTCA applies when a federal employee, acting within the scope of their employment, causes an injury through a negligent or wrongful act. In Northern Virginia, common examples include:
- Crashes with U.S. Postal Service vehicles on neighborhood streets and routes such as Route 50, Route 29 and Route 123
- Collisions with federal agency cars, vans and trucks on I-66, I-395, I-95 and the Capital Beltway
- Falls and other injuries at federal buildings and offices, including federal properties around the Pentagon and in Arlington, Alexandria and Fairfax County
- Negligent medical care at military and Veterans Affairs medical facilities. See medical malpractice claims.
- Injuries caused by unsafe conditions on other federally owned or operated property
The claim is made against the United States itself, not against the individual employee, and it is decided under the law of the place where the injury happened. For an injury in Virginia, that generally means Virginia negligence rules, including contributory negligence, apply.
How an FTCA claim works, step by step
- Identify the agency. The claim goes to the federal agency whose employee or property caused the injury. Getting this right at the start avoids delay.
- Present an administrative claim. The claim is presented in writing, usually on Standard Form 95, within two years of the injury under 28 U.S.C. § 2401(b). It states what happened and the amount claimed.
- Agency review. The agency investigates, may ask for medical records and other documents, and decides whether to settle or deny.
- Denial or six months of silence. Under 28 U.S.C. § 2675, a lawsuit can be filed after the agency denies the claim in writing, or after six months pass without a final decision.
- Federal court. An FTCA lawsuit is filed in federal district court. Cases arising in Northern Virginia are usually heard in the Eastern District of Virginia.
Once an agency denies a claim, a separate, shorter deadline to file suit begins. The timeline table in our Virginia statute of limitations guide shows how the FTCA fits with Virginia deadlines.
Why the amount on the claim matters
An FTCA administrative claim must state a specific dollar amount. That figure matters more than a demand in an ordinary case, because the amount later sought in court is generally limited to what was claimed, unless new evidence or facts that could not reasonably have been discovered justify more.
That makes timing a balancing act. File too early and the amount may not reflect surgery or long-term care that becomes necessary later. Wait too long and the two-year deadline runs. We build the medical picture, including future care, before the claim is presented so the amount is supported by the records.
Limits and exceptions in federal injury claims
The FTCA waives the government’s immunity only in part. Several limits shape what can be recovered and who can bring a claim:
- The Feres doctrine bars most claims by active-duty service members for injuries incident to service. Family members and civilians are not barred by it.
- Contractors are not federal employees. Many services at federal sites are run by private contractors, and injuries they cause are usually claims against the company, under ordinary Virginia law and the two-year deadline in Va. Code § 8.01-243(A).
- Exceptions in 28 U.S.C. § 2680 exclude certain categories of claims, including many that challenge discretionary government decisions.
- No punitive damages and no jury. FTCA damages are compensatory, and a federal judge, not a jury, decides the case.
Because a claim can fall outside the FTCA for technical reasons, we look at every possible defendant, federal and private, from the start.
If you are a federal employee who was hurt at work
A federal employee injured on the job generally cannot use the FTCA against the government. Their remedy against the federal employer is the Federal Employees’ Compensation Act (FECA), which is exclusive, with claims to the Department of Labor’s Office of Workers’ Compensation Programs. See federal employee FECA claims.
A federal worker hurt by someone outside the government, such as a private driver who hits a government vehicle on the Dulles Toll Road, can still bring an ordinary injury claim against that person. See Virginia car accident claims.
Evidence in a federal injury claim
Federal agencies investigate incidents involving their employees and vehicles, and they begin early. Our work to preserve evidence on your side includes:
- Police and incident reports, including any report by federal police or agency security
- Photographs and video from the scene, nearby businesses and traffic cameras
- Vehicle identification, such as the agency markings and vehicle number on a government car or postal truck
- Witness names and statements
- Complete medical records and bills, from the emergency room at Inova Fairfax Medical Campus or elsewhere through the last treatment
- Proof of lost wages and other out-of-pocket losses
We handle the communication with the agency and its lawyers, and we keep track of every deadline in the process.
