In some personal injury cases, you might have to file against the federal government. When this happens, you’ll probably hear the phrase Federal Tort Claims Act (FTCA). The FTCA is:
- A federal law that allows people to file injury claims against the U.S. government when a federal employee causes an accident.
If your accident involves federal property or a federal employee, your case falls under this statute. But the process is a bit different, so it’s helpful to have an experienced team on your side. Set up a free consultation with Maison Law today and let us explain your options.
How Does an FTCA Claim Work?
If your accident involves federal property or a federal employee who was doing their job at the time, the Federal Tort Claims Act (FTCA) sets the rules for your case. The process is more structured than a typical injury claim, and it starts well before anyone steps into a courtroom. Here’s how it usually works:
- You start with an administrative claim. Instead of filing a lawsuit right away, you have to file a claim directly with the federal agency involved. For example, if a mail truck collides with you on I-5, you would file a claim against the USPS. It’s done using Standard Form 95, where you explain:
- What happened
- Where it happened
- Who was involved
- How the accident impacted you
- You list the damages you’re claiming. SF95 requires you to include a specific dollar amount. This number matters, because under the FTCA, you usually can’t ask for more later unless new information comes up.
- The agency reviews your claim. Once your claim is submitted, the agency has six months to respond. During that time, they’ll:
- Investigate the incident
- Ask for additional documentation
- Try to resolve the claim
- Formally deny it
- Take no action at all.
- You can move to federal court if needed. If the agency denies your claim—or six months pass without a decision—you then have the right to file a lawsuit in federal court.
FTCA claims are very deadline-driven, and even small mistakes can cause big problems. Because the process is so procedural and time-sensitive, these cases often require more careful handling than a standard injury claim.
Maison Law Can Help You With an FTCA Claim in California
When an accident happens on federal land or involves a federal employee, the process changes. You’re not dealing with a standard injury claim anymore. Instead, everything runs through a process set by federal law. That law has its own paperwork, its own timeline, and its own set of rules—and skipping a step can shut the door on a claim before it really gets started.
That’s when our team at Maison Law can step in and help by:
- Walking you through your options and explain your rights in plain English
- Looking closely at what happened and figure out whether a federal employee or agency was involved
- Getting the details that matter, including reports, photos, witness statements, and medical records
- Dealing with the back-and-forth with federal agencies, and insurance companies
- Preparing and filing the required forms
- Taking the next step to federal court if the agency denies the claim or doesn’t respond
When a federal agency is part of the picture, the process matters—and having the right help early on can take some of that weight off your shoulders. Reach out today to set up a free consultation.
