When someone is injured due to another's negligence in Florida, a personal injury lawsuit may be the path to recovery. But what if the negligent party is the United States government? Unlike private defendants, the federal government enjoys sovereign immunity, meaning it cannot be sued unless it has expressly allowed it. Fortunately, the Federal Tort Claims Act (FTCA) provides a limited waiver of that immunity, permitting individuals to sue the federal government for certain acts of negligence committed by federal employees. Here’s what Florida injury victims need to know.
What Is the Federal Tort Claims Act?
The FTCA, codified at 28 U.S.C. §§ 1346(b), 2671–2680, allows individuals to pursue monetary damages against the federal government for injuries caused by the negligent or wrongful acts of federal employees acting within the scope of their employment—if a private person would be liable under similar circumstances in Florida.
Common examples include:
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Medical malpractice at a Veterans Affairs (VA) hospital or clinic
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Car accidents involving federal employees (e.g., postal workers, FBI agents)
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Negligent security at federal facilities
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Injuries at federally operated parks, post offices, or courthouses
Key Requirements for an FTCA Claim in Florida
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Exclusively Against the U.S. Government
FTCA lawsuits must be brought against the United States as the sole defendant—not individual employees or federal agencies. -
Administrative Claim Must Be Filed First
Before filing a lawsuit, an administrative claim must be filed with the appropriate federal agency using Standard Form 95 (SF-95). This claim must:-
Be filed within two years of the date of injury.
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Include a sum certain for damages.
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State sufficient facts to support the negligence claim.
The agency then has six months to respond. If it denies the claim or does not respond in time, the claimant may file a lawsuit in federal court.
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Lawsuit Must Be Filed in Federal Court
If the claim is denied or unresolved, the injured party has six months from the date of denial to file suit in U.S. District Court. -
Florida Substantive Law Applies
FTCA claims apply state law standards—so in Florida, elements like duty, breach, causation, and damages must be proven just like in a traditional negligence case.
Limitations and Exceptions
The FTCA does not allow suits for:
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Intentional torts like assault or battery (with limited exceptions, e.g., by federal law enforcement)
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Injuries caused by independent contractors (unless under close government supervision)
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Discretionary functions (e.g., policy decisions or regulatory actions)
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Claims involving military service members injured incident to service (Feres Doctrine)
Damages Under the FTCA
Claimants may recover compensation for:
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Medical expenses
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Lost wages
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Pain and suffering
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Loss of consortium
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Wrongful death (under Florida’s Wrongful Death Act)
However, punitive damages and prejudgment interest are not recoverable under the FTCA.
Why You Need an Experienced Attorney
FTCA claims are complex, with strict procedural rules and tight deadlines. Missing a step—such as failing to submit a proper administrative claim or filing after the statute of limitations—can result in dismissal. A Florida personal injury lawyer experienced in federal claims can help you navigate the process, gather evidence, and advocate for maximum compensation.
Contact Us for a Free Consultation
If you’ve been injured due to the negligence of a federal employee or agency in Florida, you may have a right to compensation under the Federal Tort Claims Act. Contact our office today to discuss your case and protect your rights under federal and Florida law.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
