Federal Tort Claims Act (FTCA) Cases

FTCA cases involve injuries caused by federal employees or agencies and require an administrative claim before any lawsuit.

This is a specialized area of law with its own rules, procedures and deadlines. During a free consultation we will review your situation and explain whether we can represent you directly or help you find appropriate counsel.

Federal Tort Claims Act (FTCA) Cases cases are part of our Government and Public Property Injury Claims practice. Our attorneys handle claims involving dangerous roads and signals, public sidewalks and parks, government vehicles and public buildings, and we move quickly to meet notice deadlines.

Common Causes in Government and Public Property Injury Claims Cases

• Potholes and dangerous road surfaces
• Malfunctioning or missing traffic signals and signs
• Broken or uneven public sidewalks
• Unsafe conditions in parks and public buildings
• Negligent operation of government vehicles
• Failure to repair known hazards

Injuries Often Involved

• Fractures from falls
• Head injuries
• Back and neck injuries
• Vehicle crash injuries
• Fatal injuries

Notice Deadlines and Immunity

Government entities are often protected by sovereign immunity except where a statute allows claims. Most states require a written notice of claim — frequently within months of the injury — before a lawsuit can be filed, and some limit the damages available. Claims against federal agencies follow the Federal Tort Claims Act, which requires an administrative claim first. These rules make early legal help especially important.

Evidence That Can Prove Your Claim

Strong cases are built on evidence gathered early. Depending on the facts, we work to obtain:

• Notice-of-claim filings within strict deadlines
• Public maintenance and repair records
• Prior complaints and work orders
• Photographs and measurements of the defect

Who May Be Responsible

More than one party may share responsibility, which can increase the insurance coverage available. Potentially liable parties include:

• Cities and counties
• State agencies
• Public transit authorities
• Federal agencies (through the Federal Tort Claims Act)

What to Do Next

1. Get medical care and report the incident to the owner or manager
2. Photograph the hazard, lighting and surroundings
3. Collect names of witnesses and employees present
4. Keep your shoes, clothing and any damaged items
5. Ask that video footage be preserved
6. Speak with an attorney before giving statements

Compensation You May Be Able to Recover

Depending on the facts and the law that applies, a claim may include:

• Past and future medical expenses
• Lost wages and reduced earning capacity
• Pain, suffering and emotional distress
• Rehabilitation, long-term care and home modification costs
• Property damage and other out-of-pocket losses

Why Acting Early Matters

Every state sets deadlines for filing injury claims, and claims involving government entities can require formal notice within a much shorter time. Video footage, records and physical evidence can be lost quickly. Speaking with an attorney early protects your options.

How Our Attorneys Can Help

We investigate what happened, deal with the insurance companies, document the full extent of your losses and pursue a fair settlement — and we are prepared to go to court when an insurer will not be reasonable. Personal injury cases are handled on a contingency fee basis: you pay no attorney fee unless we recover compensation for you. Consultations are free and confidential.