Federal Tort Claims Act (FTCA) Attorneys

When you’re injured by a government employee, VA hospital, military clinic, or federal agency, pursuing justice is anything but straightforward. The federal government is shielded from most lawsuits by sovereign immunity — except when that protection is waived under the Federal Tort Claims Act (FTCA).

At Ratliff Jackson LLP, we represent individuals who’ve been hurt by federal negligence. Whether it’s a botched surgery at a VA hospital, an assault in federal custody, or a car crash involving a postal worker, we know how to cut through the bureaucracy and build a claim that meets FTCA’s strict requirements. These cases are time-sensitive, procedurally complex, and highly adversarial — we’re built for that.

What Is the Federal Tort Claims Act (FTCA)?

The Federal Tort Claims Act, codified at 28 U.S.C. §§ 1346(b), 2671–2680, allows private citizens to sue the United States government for certain injuries caused by the negligence of its employees acting within the scope of their employment.

Key elements include:

• The employee must have been working for a federal agency (not state or contractor)
• The action must involve negligence, not a discretionary government function
• The claim must be filed administratively before any lawsuit is permitted
• Strict deadlines apply under 28 U.S.C. § 2401(b) (2-year statute of limitations)

FTCA claims are brought against the U.S. government, not individual employees — and they must follow a specific process before litigation can begin.

Types of Cases We Handle Under the FTCA

We represent clients in a wide range of FTCA cases, including:

Medical Malpractice at VA Hospitals or Military Clinics

Botched surgeries, delayed cancer diagnoses, and anesthesia errors in VA or federally operated medical facilities.

Negligence by Federal Agencies or Employees

Postal truck accidents, FBI-related car crashes, border patrol misconduct, or unsafe federal premises (e.g., courthouses, detention centers).

Abuse or Negligence in Federal Detention or Correctional Facilities

Failure to provide medical care, staff assaults, unsafe housing conditions, or death in custody.

Negligent Hiring, Supervision, or Operation by Federal Officials

Injuries caused by government errors, failure to maintain roads or buildings, or security breakdowns.

Filing an FTCA Claim: What You Need to Know

Filing under the FTCA involves a unique process, including:

1. Filing an SF-95 administrative claim with the proper agency
2. Waiting 6 months for a response or denial
3. Filing suit in federal district court if the agency denies or fails to respond
4. Litigating against the United States, not the individual actor
5. No right to a jury trial — only a bench trial before a federal judge

If the process is not followed correctly, your case may be dismissed — even if you clearly suffered harm. That’s why legal guidance from the outset is critical.

FTCA Limitations and Exclusions

Not all harm caused by the government qualifies under FTCA. Exceptions include:

• Intentional torts (like assault or battery) — unless committed by law enforcement officers
• Discretionary function exception (government policy decisions)
• Independent contractors — not covered unless they act as employees
• Military injuries tied to active duty (Feres Doctrine)

We carefully evaluate your case to confirm it meets FTCA eligibility — and pursue alternate remedies if it doesn’t.

Frequently Asked Questions: FTCA Cases

How long do I have to file an FTCA claim?

You must file an administrative claim within 2 years of the incident. After denial or inaction for 6 months, you have 6 months to file in federal court.

Can I sue the individual government employee?

No. Under FTCA, your claim must be against the United States, not the individual actor — even in cases of obvious misconduct.

What if the government denies my claim?

You can file a lawsuit in federal district court once your administrative claim is denied. We handle the transition and prepare the case for litigation.

Can I recover damages for pain and suffering?

Yes. You may recover damages for medical costs, lost wages, and pain and suffering — subject to the limits of state law where the negligence occurred.

Do I need a lawyer for an FTCA case?

Absolutely. FTCA claims are procedurally demanding, strictly time-bound, and litigated in federal court. Small errors can be fatal to your case. We manage the process from start to finish.

Federal Agencies Have Power. We Make Them Accountable.

You don’t need to take on the United States alone. If a federal employee’s negligence has injured you or your loved one, you have rights — and you have legal options. At Ratliff Jackson LLP, we know how to fight federal agencies, navigate complex statutes, and demand real accountability.

Call 856-209-3111 or contact us online to discuss your FTCA case with an attorney who knows how to litigate against the federal government.