US FederalCan I sue the federal government if a government employee injures me?
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.
What the Law Says
The Federal Tort Claims Act (FTCA) is the primary law that allows private individuals to sue the U.S. government for money damages when injured by the negligent or wrongful acts of federal employees acting within the scope of their employment.
Before the FTCA, the federal government was generally immune from lawsuits due to sovereign immunity — meaning it could not be sued without its consent. The FTCA waives that immunity in limited circumstances.
To bring a lawsuit, you must first file an administrative claim with the federal agency whose employee caused the injury. You must do this within two years of when the claim accrued (usually when the injury occurred or was discovered).
The agency has six months to respond. If it denies your claim or fails to act within six months, you may then file a lawsuit in federal district court — but only within six months after the denial or expiration of the six-month review period.
Statutory TextThe 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 — Government liability for torts
What to Do
1. Gather evidence (medical records, witness statements, photos) showing the federal employee’s negligence and your injury.
2. File Standard Form 95 (Claim for Damage, Injury, or Death) with the correct federal agency within 2 years of the incident.
3. Wait for the agency’s written decision — they have up to 6 months to respond.
4. If denied or ignored after 6 months, file a lawsuit in U.S. District Court within 6 months of the denial or expiration.
5. Hire an attorney familiar with FTCA procedures — strict deadlines and procedural rules apply.
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.