Personal Injury

The Federal Tort Claims Act (FTCA) excludes claims arising from combatant activities, discretionary functions, intentional torts by law enforcement officers (with narrow exceptions), and several other categories listed in 28 U.S.C. § 2680.

You must file a lawsuit against the federal government for negligence in the U.S. District Court where you live or where the negligent act occurred — but only after first submitting an administrative claim to the responsible federal agency within two years.

Yes, you may sue the federal government for injuries caused by a government employee acting within the scope of their employment—but only under the Federal Tort Claims Act (FTCA), and only after filing an administrative claim first.

Yes, you must file an administrative claim with the appropriate federal agency before suing the government under the Federal Tort Claims Act.

The statute of limitations for a federal tort claim under the Federal Tort Claims Act is two years from the date the claim accrues.

Yes, the federal government can be held liable if a U.S. Postal Service truck hits you, but only under the Federal Tort Claims Act (FTCA), which waives sovereign immunity for negligence by federal employees acting within the scope of their duties.

Qualified immunity is a legal doctrine that shields government officials from civil lawsuits for constitutional violations unless the official violated 'clearly established' statutory or constitutional rights that a reasonable person would have known.

Yes, you can sue a police officer who violates your constitutional rights under federal law using 42 U.S.C. § 1983 — but only if the officer acted 'under color of state law' and violated a clearly established right.

Yes, you can sue a city under federal law if its police officers use excessive force against you, because that violates your constitutional rights and cities can be held liable for unconstitutional policies or customs.

Yes, you can sue a private prison guard for excessive force under Section 1983 — but only if the guard was acting 'under color of state law,' which courts have held applies to private actors performing traditional state functions like operating prisons.

Monell liability holds a municipality liable under 42 U.S.C. § 1983 only when a plaintiff proves that a constitutional violation resulted from an official municipal policy, custom, or practice—not merely from the actions of an individual employee.

Yes, a seaman injured at sea can sue their employer for negligence under the Jones Act (46 U.S.C. § 30104), which gives seamen the right to seek damages for injuries caused by their employer’s negligence.

A maritime worker must prove they are a 'seaman' under federal law, that their employer was negligent, and that the negligence caused or contributed to their injury.

Yes, a cruise ship worker who qualifies as a 'seaman' under federal law may recover damages for injury under the Jones Act.

Unseaworthiness is a strict liability doctrine under federal maritime law that holds vessel owners liable for injuries caused by unsafe conditions or equipment aboard a ship — regardless of fault or negligence.

A FELA case requires the injured railroad worker to prove employer negligence, unlike workers’ compensation, which provides automatic benefits regardless of fault. FELA allows jury trials and full damages (including pain and suffering), while workers’ comp is no-fault, administrative, and limits recovery.

Yes, a railroad worker can sue their employer for an on-the-job injury under the Federal Employers Liability Act (FELA), which replaces workers’ compensation with a negligence-based lawsuit.

Yes, the Federal Tort Claims Act (FTCA) covers medical malpractice injuries at VA hospitals because VA physicians are federal employees acting within the scope of their duties.

No, military personnel generally cannot sue the U.S. government for injuries sustained during active service due to the Feres doctrine, which bars such claims even though the Federal Tort Claims Act otherwise waives sovereign immunity for torts.

Generally, no—you cannot directly sue a federal contractor for negligence; instead, you may file a claim against the U.S. government under the Federal Tort Claims Act (FTCA), but only if the contractor was acting within the scope of their contract and under federal supervision.

No, you cannot recover punitive damages against the federal government under the Federal Tort Claims Act.

In a Section 1983 lawsuit, you may recover compensatory damages (for actual harm), punitive damages (if the defendant acted with malice or reckless indifference), and nominal damages (if a constitutional violation occurred but no actual injury is proven). Attorney’s fees may also be awarded to prevailing plaintiffs.

Comparative fault in a FELA case means a railroad worker’s recovery is reduced by their percentage of fault — unlike traditional contributory negligence, partial fault does not bar recovery.

No, the Federal Tort Claims Act does not impose a cap on damages for most tort claims against the federal government.

Yes, a railroad's violation of federal safety regulations can be used as evidence of negligence under the Federal Employers Liability Act (FELA).