US FederalDo I have to file an administrative claim before suing the government?
Yes, you must file an administrative claim with the appropriate federal agency before suing the government under the Federal Tort Claims Act.
What the Law Says
The Federal Tort Claims Act (FTCA) establishes the exclusive path for suing the U.S. government for money damages due to negligence or wrongful acts by federal employees acting within the scope of their employment.
Before filing a lawsuit in federal court, you must first present your claim in writing to the federal agency whose employee allegedly caused the harm. This is called an 'administrative claim.'
The claim must be filed within two years after the claim accrues — meaning when the injury and its cause were reasonably discoverable.
The agency then has six months to act on the claim. If it denies the claim in writing, or takes no action for six months, you may then file suit in federal district court.
Importantly, 28 U.S.C. § 2674 states the government's liability standard: it is liable 'in the same manner and to the same extent as a private individual under like circumstances.'
Statutory TextThe United States shall be liable, respecting claims sounding in tort, in the same manner and to the same extent as a private individual under like circumstances...
— 28 U.S.C. § 2674 — Liability of the United States
What to Do
Identify the correct federal agency responsible for the employee’s actions.
Prepare and submit a written administrative claim using Standard Form 95 (or equivalent), including factual details and a specific dollar amount claimed.
File the claim within 2 years of when the injury occurred or was discovered.
Wait for the agency’s written decision — if denied or unacted upon after 6 months, you may file suit in federal court.
File your lawsuit in the U.S. District Court within 6 months after the agency mails its final denial.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.