US FederalWhere do I file a lawsuit against the federal government for negligence?
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.
What the Law Says
The Federal Tort Claims Act (FTCA) waives the federal government’s sovereign immunity for certain negligence claims, allowing individuals to sue the United States — but only under strict conditions and procedures.
Under the FTCA, you cannot go straight to court. You must first file an administrative claim with the federal agency whose employee committed the negligent act. That claim must be submitted on Standard Form 95 (or equivalent) and include a specific dollar amount of damages.
If the agency denies your claim or fails to make a final disposition within six months, you may then file a lawsuit in federal court. The lawsuit must be filed in the U.S. District Court for the district where you reside or where the incident occurred.
Importantly, the FTCA only covers negligence by federal employees acting within the scope of their employment — not independent contractors or intentional torts (except in limited cases like assault or false imprisonment by law enforcement).
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...
— 28 U.S.C. § 2674 — Liability of the United States
What to Do
1. Identify the correct federal agency whose employee caused the harm.
2. File an administrative claim (Form 95) with that agency within 2 years of the incident.
3. Wait for the agency’s decision — if denied or unacted upon after 6 months, you may sue.
4. File your lawsuit in the appropriate U.S. District Court within 6 months of the agency’s written denial.
5. Note: All FTCA lawsuits are tried by a judge — no jury trial is allowed.
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.