Is there a cap on damages in federal tort claims?

What the Law Says

The Federal Tort Claims Act (FTCA) waives the federal government’s sovereign immunity for certain torts committed by federal employees acting within the scope of their employment. It establishes how and when the United States can be held liable—but it does not set a dollar limit on damages.

Under 28 U.S.C. § 2674, the United States is liable for injuries caused by the negligent or wrongful act or omission of a federal employee acting within the scope of their office or employment — but only to the same extent that a private individual would be liable under the law of the state where the act occurred.

This means damage awards are determined by applicable state tort law—not federal statute—and therefore vary by jurisdiction. There is no nationwide ceiling on compensatory or punitive damages (though punitive damages are expressly barred under the FTCA).

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, but shall not be liable for interest prior to judgment or for punitive damages.

— 28 U.S.C. § 2674 — Liability of United States

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