Federal Tort Claims

A "tort" is a wrongful act or omission, other than a breach of contract, that the law will remedy by permitting the injured party to bring a lawsuit for money damages against the wrongdoer. Federal employees are not personally liable for most torts they commit within the scope of their employment. Instead, the federal government provides that the exclusive remedy for such torts is through an action against the United States under the Federal Tort Claim Act. Under the Federal Tort Claim Act, the government can be sued "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)

Federal Tort Claim Act cases are quite different from ordinary tort cases. For example, in a federal tort claim case, the injured party may not file a lawsuit against the government until he or she has exhausted all administrative remedies. The injured party must first file an administrative claim with the proper agency of the United States government within the appropriate time limitation to preserve the claim.

Persons injured through acts of medical malpractice in military or veterans hospitals and persons injured through the negligent operation of the government's motor vehicles must bring their injury claims under the Federal Tort Claim Act. Smith & Turley represents people who have been injured through the negligence of federal employees. The law firm's attorneys have experience in representing injured parties both at the claim stage and through trial in federal court. For more information about the Federal Tort Claim Act, click here.