You can sue the federal government under the Federal Tort Claims Act (FTCA) for personal injuries, wrongful death, or property damage caused by the negligence of a federal employee acting within the scope of their employment. You must first file an administrative claim within two years of the incident, and lawsuits are typically only permitted after that claim is denied or not processed within six months.
If you or a family member have suffered a serious personal injury as a result of the negligence of a government employee or agency, you may ask, “Can I sue the United States government?” The answer is yes, you may be able to bring a claim against the U.S. government and receive compensation for your losses.
This is covered by the Federal Tort Claims Act of 1946, an exception to a legal doctrine called sovereign immunity which usually shields the federal government from lawsuits.
First, you must file a written claim with the appropriate administrative agency, which is usually the agency where the negligent employee works. This is typically done by completing and filing a Standard Form 95. This claim must be submitted within two years after the injury.
Section 1983 claims can involve various constitutional violations, such as freedom of speech, freedom of religion, due process, equal protection, and protection against unreasonable searches and seizures. The law allows individuals to seek damages, injunctive relief, and attorney's fees for violations of their rights.
You must file an administrative claim with the public entity before you're allowed to sue. According to the California Department of General Services: You must file within six months of the incident for personal-injury or emotional-distress claims. The government has 45 days to accept or reject your claim.
Federal charges vary widely. Drug offenses, white-collar crimes like fraud or tax evasion, and immigration violations are some of the most frequent charges. Because these offenses involve federal laws, the consequences tend to be severe and the legal process more complex than state court cases.
sovereign immunity. Sovereign immunity is a common law doctrine under which a sovereign (e.g., a federal or state government) cannot be sued without its consent.
The Judgment Fund pays court judgments and compromise settlements of lawsuits against the government. Federal agencies may ask the Bureau of the Fiscal Service to pay from the Judgment Fund for: Most court judgments and Justice Department settlements of actual or imminent litigation against the government.
(de facto immunity arises when there is an after-the-fact determination based on a promise by a person with apparent authority to make it that the individual will not be prosecuted; evidence derived from such de facto immunity will not be admissible unless there is an independent source for the evidence or charges).
Be prepared for certain limitations when suing the federal government. For instance, punitive damages are not allowed under the FTCA, and the amount of damages you can recover might be limited.
This Handbook is designed to help people with filing civil lawsuits in federal court without legal representation. Proceeding without a lawyer is called proceeding “pro se,” a Latin phrase meaning “for oneself.” Representing yourself in a lawsuit can be complicated, time consuming, and costly.
Eleventh Amendment. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Proving emotional distress involves gathering substantial evidence like medical records (therapist notes, diagnoses), personal journals detailing symptoms (sleep issues, anxiety), witness statements from family/friends, and documentation of physical symptoms (headaches, fatigue), all to establish a clear link between another's outrageous conduct and your severe, long-lasting suffering. Consulting an attorney experienced in personal injury or intentional infliction of emotional distress (IIED) is crucial to build a strong case, as proving this requires demonstrating outrageous behavior causing significant harm beyond mere annoyance.
Emotional distress damages vary widely, from a few thousand dollars for mild cases (e.g., $5k-$10k) to hundreds of thousands or even millions for severe, life-altering conditions like PTSD or extreme trauma, using methods like multiplier (medical bills x 1-5) or per diem, with strong documentation (medical records, therapy) and clear links to the defendant's actions key for higher awards. There's no fixed value, as courts assess severity, impact on daily life, and evidence.
Common Types of Evidence
Session records showing ongoing treatment and the patient's mental health progress. Opinions from mental health professionals linking symptoms to the incident and explaining the expected duration of distress. Proof of medications prescribed to manage psychological symptoms.
To have a successful claim, you'll have to prove that the government entity was negligent in some way – and that their negligence caused your injury. What does “negligence” mean? Negligence happens when someone fails to take reasonable action to keep others safe. We call this reasonable action a “duty of care.”
Constitutional rights violations can take a variety of forms, ranging from retaliating against you for expressing your First Amendment right to free speech, to arresting you without possessing probable cause to believe you have committed a crime, or even arbitrarily depriving you of your Fourteenth Amendment right to ...
Article I, Section 8, Clause 3: [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The Commerce Clause gives Congress broad power to regulate interstate commerce and restricts states from impairing interstate commerce.