What is the statute of limitations for a federal tort claim?

What the Law Says

The Federal Tort Claims Act (FTCA) governs lawsuits against the United States for torts committed by federal employees acting within the scope of their employment. While 28 U.S.C. § 2674 establishes liability, the statute of limitations is found in 28 U.S.C. § 2401(b), which is the controlling provision — though not listed in your input, it is the operative limitation rule for FTCA claims. Since only § 2674 was provided, we quote it as instructed, but note that it does not contain the limitations language; it defines liability.

28 U.S.C. § 2674 is the core liability provision of the FTCA. It states that the United States shall be liable for injuries caused by the negligent or wrongful act or omission of a federal employee acting within the scope of office or employment — 'in the same manner and to the same extent as a private individual under like circumstances.' However, this section does not set the time limit to file.

The actual statute of limitations is codified at 28 U.S.C. § 2401(b), which requires that a claim against the United States under the FTCA must be presented in writing to the appropriate federal agency within two years after the claim accrues. If the agency denies the claim in writing, the claimant then has six months from the date of denial to file suit in federal court.

Importantly, courts treat the two-year administrative filing deadline as jurisdictional — meaning failure to meet it bars the claim entirely, with very narrow exceptions (e.g., equitable tolling in extraordinary circumstances).

Statutory Text

The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances...

— 28 U.S.C. § 2674

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