Filing a claim under the Federal Tort Claims Act (FTCA)

The process for seeking accountability for harms caused by a federal law enforcement officer differs significantly from the process for a state or municipal officer. It is not a level playing field. If a state or local officer is involved, a Plaintiff can file a civil lawsuit alleging misconduct by the individual officer and the city or state that employs them, and a jury of their peers can render a verdict at trial.

When a federal officer harms someone, a Plaintiff must petition the federal agency that employs the officer by filing under the Federal Tort Claims Act (FTCA). This process involves filing a form called Standard Form-95 (SF-95) and then waiting six months to file a civil complaint, which can only name the federal agency and not the individual as a defendant. That complaint can ultimately result in a bench trial before a judge, not a jury of the injured individual’s peers.

What is an SF-95 form and how is it used?

If a federal government employee hurts you or damages your property through carelessness or negligence, you usually can’t sue the government right away. To file a claim, you must exhaust your administrative remedies by completing a form called SF-95 and sending it to the agency that affected you or your property. The government can then respond to your claim and issue a decision. If the government does not decide within six (6) months, you may then file a civil lawsuit in court.

This rule comes from a law called the Federal Tort Claims Act (FTCA).

Why do you have to file this form first?

• The government normally can’t be sued due to a legal theory known as “sovereign immunity.”
• The FTCA is a special law that provides individuals with an opportunity to seek resolution, despite sovereign immunity, with the government directly or through a lawsuit after following the SF-95 process.
• You must file within two (2) years of the date of injury, or you lose your right to claim under 28 U.S.C. § 2401(b).

Skipping this step means a judge will dismiss your case, even if you have clear evidence of injury or wrongdoing by the government or its agents.

What information should be provided with the SF-95 form?

While SF-95 is a short form, you need to make sure that all your information is listed clearly and with the following notable details included:

• Your name, address, and contact info
• The date and exact place the incident happened
• A clear account of what happened and how the government agency caused it. You can attach a longer document with a more detailed write-up of the incident/situation along with the SF-95 form
• Harms to your body, your car, your house, or other property
• Copies of proof: medical bills, repair estimates, photos, police reports
• A specific dollar amount in damages you’re asking for – this amount cannot be increased if you later file your lawsuit

You send the completed form to the specific agency involved (like the Department of Homeland Security), not to a court system.

What happens during the six (6)-month waiting period after submitting an SF-95 form to the government?

Once the government receives your SF-95, it has up to six (6) months to review it. The government has three options upon receipt of the SF-95 form:

1. Pay your claim — you negotiate a settlement with the government’s lawyers, and the matter ends there.
2. Deny your claim — the government sends you a letter saying they will not pay anything on your claim.
3. Do nothing — six months pass with no response to your SF-95 form and claim.

If the government either denies your claim or does not respond, you can pursue your claim in federal court. You are not allowed to file a lawsuit before this waiting period ends, or before you get a denial — whichever comes first. Additionally, if the government denies your claim, you can request reconsideration of your SF-95 form and claim, which will toll (pause) the statute of limitations on your ability to file a lawsuit if the government denies the claim again, or ignores your reconsideration request (see no. 3 above).

What happens after the waiting period?  

If your claim is denied (or six months pass with no answer), you can now file a civil complaint in U.S. District Court. You generally have six (6) months from the date of a denial letter to file your lawsuit.

What is a bench trial and why can’t my claim have a jury trial?

Under the FTCA, a claimant does not get a jury trial. Instead, a judge hears the evidence, listens to both sides, and then determines the outcome of the case. This process is known as a bench trial, where the judge is the sole decision-maker. The judge decides whether the government was careless and how much money, if any, you should be paid as a result.

Summary of the timeline for the SF-95 process and an FTCA claim

1. Injury happens; you have two (2) years to file the SF-95
2. File SF-95 with the federal agency
3. Wait up to six (6) months for a decision
4. If your claim is denied or ignored, you may sue in federal court
5. The case proceeds through civil discovery and eventually a settlement is negotiated, or the case proceeds to a bench trial.

This is an educational summary and not legal advice; consult with a lawyer familiar with FTCA claims if you believe you may have a case. Reading this informational article does not constitute an attorney-client relationship with Romanucci & Blandin and its lawyers.