Federal Tort Claims Act lawyer · St. Louis
Federal Tort Claims Act: when a federal worker causes your injury
The Federal Tort Claims Act lets you seek money from the United States if a federal worker carelessly hurt you on the job. A crash with a mail truck is a common example. You must first file a written claim with the federal agency within two years, usually on a form called the SF-95, and wait for an answer before you can sue.
When the United States is responsible
Normally you cannot sue the government. This law is the exception for everyday injuries. If a federal worker was careless while doing their job and you got hurt, the United States can be responsible.
Common examples:
- A crash with a mail truck or other federal vehicle.
- A fall on federal property, like a federal building.
- Careless care at a federal facility.
You make the claim against the United States, not the worker. If the worker was on the job, the government steps in as the defendant. The rules about fault come from the state where it happened. For an injury in St. Louis, that is Missouri law.
Step one: file a claim with the agency
2 years
Deadline to file a written claim with the right federal agency. Miss it and the claim is barred forever (28 U.S.C. § 2401(b)).
This is not Missouri’s five-year injury deadline. That longer deadline does not help here. And filing a lawsuit does not count. You must file the claim with the agency.
Most people use a federal form called the Standard Form 95, or SF-95. The claim must ask for a specific dollar amount. If you leave it blank or write “to be decided,” it may not count as a claim at all.
Why the dollar amount matters so much
The amount you write down is usually the most you can ever get. You can ask for more later only in rare cases, like new facts you could not have known. So the number must include future medical care and lost pay, not just bills you have now.
Step two: wait for an answer
You cannot sue until the agency says no in writing. If the agency does not decide within six months, you can treat that as a no and file suit.
6 months
Time to file a lawsuit after the agency mails you a denial letter. Miss it and the claim is barred (28 U.S.C. § 2401(b)).
So there are two clocks. Two years to file the claim. Then six months from a denial letter to file suit. Watch your mail, and keep the envelope.
How these cases are different
- No jury. A federal judge decides the case.
- No punishment damages. You can recover for your losses, but not extra money meant to punish.
- Limits on lawyer fees. Federal law caps fees at 20 percent if the claim settles with the agency. The cap is 25 percent after a lawsuit is filed. Any fee agreement is in writing and explains how case costs are handled.
- Some claims are not allowed. For example, claims about policy choices the government made, most claims for deliberate harm, and injuries in a foreign country.
What to do now
Most of the work happens before any lawsuit. Harjot Singh Padda, JD focuses first on three things. Which agency is responsible? Was the worker on the job? And what is the full value of your claim, so the dollar amount on the form is right?
- Write down the vehicle number, building name or anything showing which agency was involved.
- Get the police report, photos and witness names.
- Collect your medical records, bills and pay records.
- File the claim with a specific dollar amount and keep proof of the date the agency got it.
- Mark both deadlines on your calendar.
Injury consultations are free.
Common questions
I was hit by a mail truck in St. Louis. What do I do?
Postal Service injury claims follow this law. You start with a written claim to the agency. Our car accident page lists the evidence to save.
Does Missouri’s five-year deadline apply?
No. You must file with the agency within two years. Missouri’s rules are in our Missouri deadline guide.
Can I sue the federal worker instead?
Usually no. If the worker was on the job, your claim is against the United States. For state and local officials, see civil rights lawsuits.
Does it matter if I was partly at fault?
Missouri fault rules usually apply because the injury happened here. See Missouri comparative fault.
How are lawyer fees handled?
Federal law caps fees at 20 percent of an agency settlement and 25 percent after a lawsuit. See contingency fees explained.
Related reading
File the claim right the first time
Injury consultations are free. Bring the crash report, medical records and anything showing which agency was involved.
4477 Woodson Rd
St. Louis, MO 63134
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Sources
- 28 U.S.C. § 1346(b) (jurisdiction over tort claims against the United States). Cornell Legal Information Institute
- 39 U.S.C. § 409(c) (tort claims involving the Postal Service). Cornell Legal Information Institute
- 28 U.S.C. § 2679 (exclusive remedy; substitution of the United States). Cornell Legal Information Institute
- 28 U.S.C. § 2401(b) (two-year presentment; six months after denial). Cornell Legal Information Institute
- 28 C.F.R. § 14.2 (when a claim is presented; Standard Form 95). Cornell Legal Information Institute
- 28 U.S.C. § 2675 (administrative claim prerequisite; amount limit). Cornell Legal Information Institute
- 28 U.S.C. § 2402 (trial without a jury). Cornell Legal Information Institute
- 28 U.S.C. § 2674 (liability of the United States). Cornell Legal Information Institute
- 28 U.S.C. § 2678 (attorney fee limits). Cornell Legal Information Institute
- 28 U.S.C. § 2680 (exceptions). Cornell Legal Information Institute