Federal Tort Claims Act: Suing the U.S. Government in Georgia

Published Read 7 min read

On this page

A person hurt by a federal employee in Georgia cannot begin with a lawsuit. Congress conditioned the right to sue the United States on a claim presented first to the responsible agency, and it set two deadlines that run from different events: two years to present the claim, and six months after a final denial to sue.

What the Statute Allows

Federal district courts have exclusive jurisdiction of civil actions on claims against the United States for money damages “for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred” (28 U.S.C. 1346(b)(1)). For an act or omission in Georgia, the law of the place is Georgia law. The United States is liable “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).

The remedy against the United States is “exclusive of any other civil action or proceeding for money damages by reason of the same subject matter against the employee whose act or omission gave rise to the claim” (28 U.S.C. 2679(b)(1)). That exclusivity does not reach an action against the employee for a violation of the Constitution, or under a federal statute that otherwise authorizes an action against an individual (28 U.S.C. 2679(b)(2)).

The Administrative Claim Comes First

An action “shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail” (28 U.S.C. 2675(a)). If the agency does not make final disposition within six months after the claim is filed, that failure “shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim.”

A claim is presented “when a Federal agency receives from a claimant, his duly authorized agent or legal representative, an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain for injury to or loss of property, personal injury, or death alleged to have occurred by reason of the incident” (28 C.F.R. 14.2(a)). The figure matters later: suit may not be brought “for any sum in excess of the amount of the claim presented to the federal agency, except where the increased amount is based upon newly discovered evidence not reasonably discoverable at the time of presenting the claim to the federal agency, or upon allegation and proof of intervening facts, relating to the amount of the claim” (28 U.S.C. 2675(b)).

The Supreme Court enforced the order strictly in McNeil v. United States, 508 U.S. 106 (1993). A prisoner without counsel filed a suit under the Act asking for $20 million and, four months later, presented an administrative claim for $500,000, which the agency denied. The Court called the statutory command “unambiguous,” reasoned that “Congress intended to require complete exhaustion of Executive remedies before invocation of the judicial process,” and held that “[t]he FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies.” It noted that a properly filed suit after the denial would have been limited to the $500,000 presented.

The Deadlines

“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented” (28 U.S.C. 2401(b)). In McNeil, the Supreme Court quoted the Seventh Circuit’s count of the second period: “The administrative denial was mailed on July 21, 1989, so McNeil had between then and January 21, 1990, to begin his action.”

For example, imagine a claim that accrues on March 3, 2027. It must be presented in writing by March 3, 2029. If the agency mails a final denial by certified mail on September 14, 2028, counting six calendar months the way the Seventh Circuit did, the period to begin the action ends March 14, 2029. If the agency never acts, the claimant may treat the silence as a final denial at any time after six months from filing (28 U.S.C. 2675(a)).

Claims the Act Does Not Cover

The chapter and section 1346(b) “shall not apply to” listed categories (28 U.S.C. 2680). Among them:

  • Any claim “based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused” (2680(a)).
  • Any claim “arising out of the loss, miscarriage, or negligent transmission of letters or postal matter” (2680(b)).
  • Any claim “arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights,” with a proviso that brings back claims for assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution based on acts or omissions of investigative or law enforcement officers (2680(h)).
  • Any claim “arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war” (2680(j)).
  • Any claim “arising in a foreign country” (2680(k)).

The section also lists exceptions for tax and customs matters, admiralty claims, and the activities of certain entities, among others (2680(c) through (n)).

Trial Without a Jury

“Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury,” except that an action under section 1346(a)(1) is tried with a jury at the request of either party (28 U.S.C. 2402). An agency settlement above $25,000 requires the prior written approval of the Attorney General or a designee, unless that authority has been delegated to the agency head (28 U.S.C. 2672).

Frequently Asked Questions

Does accepting the agency’s settlement end the claim?
Yes. “The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant, and shall constitute a complete release of any claim against the United States and against the employee of the government whose act or omission gave rise to the claim, by reason of the same subject matter” (28 U.S.C. 2672).

Which agency receives the claim?
The claim goes to the federal agency whose activities gave rise to it. A claim sent to the wrong agency is transferred when the proper one can be identified and otherwise returned to the claimant, and it counts as presented when the appropriate agency receives it (28 C.F.R. 14.2(b)(1)).

How much can a lawyer charge on an FTCA recovery?
No more than 25 percent of a judgment under section 1346(b) or a settlement under section 2677, and no more than 20 percent of an administrative award, compromise, or settlement under section 2672 (28 U.S.C. 2678).

What happens to a suit filed in state court against a federal employee?
When the Attorney General certifies that the employee was acting within the scope of employment, the action is removed to federal district court and the United States is substituted as the defendant (28 U.S.C. 2679(d)(2)).

Does the Act cover a federal contractor?
The Act’s definition of “Federal agency” covers executive departments, the military departments, independent establishments, and corporations acting primarily as federal instrumentalities, “but does not include any contractor with the United States” (28 U.S.C. 2671).

  • 28 U.S.C. 1346(b); 28 U.S.C. 2401(b); 28 U.S.C. 2402
  • 28 U.S.C. 2671; 28 U.S.C. 2672; 28 U.S.C. 2674; 28 U.S.C. 2675
  • 28 U.S.C. 2678; 28 U.S.C. 2679; 28 U.S.C. 2680
  • 28 C.F.R. 14.2
  • McNeil v. United States, 508 U.S. 106 (1993)

Disclaimer

This article provides general information about claims against the United States under federal law. It is not legal advice, is not medical advice, and does not create an attorney-client relationship. Whether a claim can proceed depends on the agency involved, the dates, and the specific facts. A person injured by a federal employee should seek medical care and consult a licensed attorney promptly about the particular situation.

Related posts:

  1. Anesthesia Errors in Georgia: Dosing Mistakes and Intraoperative Awareness When a patient is harmed under anesthesia, the claim in Georgia is a medical malpractice claim, and two features set it apart. The defendant may be a physician anesthesiologist or......
  2. Bridge and Overpass Failure Claims in Georgia When a Georgia bridge or overpass fails, the injured person may have claims against the public body that owns it and against the firms that designed or built it, and......
  3. Restaurant Burns and Hot Beverage Injuries in Georgia A hot beverage is served hot on purpose, and that fact shapes a restaurant burn claim in Georgia. A burned diner can proceed as an invitee under the premises statute,......
  4. Power Tool Accidents in Georgia: Guard Failures and Safety Defects A person cut by a saw whose guard failed, or that was sold without one, has a Georgia claim against the maker that asks whether the design was defective. The......
  5. Telemedicine Malpractice in Georgia: Virtual Care and Real Liability When care delivered by video or phone goes wrong, the claim is still a malpractice claim, and the Georgia Composite Medical Board has written down conditions that a physician must......
  6. Bicycle Accidents Involving Children in Georgia A child hurt on a bicycle is measured against a different statutory standard of care than an adult, a statute says a helmet violation is not evidence of negligence or......
  7. How Georgia’s Collateral Source Rule Protects Your Recovery When health insurance paid part of an injured person's medical bills, what the jury may hear about those payments in Georgia depends on when the claim arose. For causes of......
  8. Horseback Riding Injury Claims in Georgia A rider hurt at a Georgia stable meets a statute before anything else: an equine activity sponsor, an equine professional, "or any other person" "shall not be liable for an......
  9. Church and Religious Organization Liability in Georgia A church is a landowner, an employer, and an organization that relies on volunteers, and each role brings a different rule into an injury claim. A visitor hurt on the......
  10. Elder Abuse Civil Claims in Georgia: Holding Caregivers and Facilities Accountable Which Georgia statutes apply to harm done to an older person depends first on where the person lives. The Disabled Adults and Elder Persons Protection Act defines abuse, neglect, and......
  11. Fireworks Injury Claims in Georgia Who answers for a fireworks injury in Georgia depends on who controlled the risk: the person who lit the device, the operator of a permitted public display, or the company......
  12. Georgia Motorcycle Helmet Laws: Impact on Your Injury Claim Georgia requires every motorcycle operator and passenger to wear approved headgear. After a crash, the practical question is whether a missing or noncompliant helmet can be put in front of......
  13. Gym and Fitness Center Injuries in Georgia Georgia's courts have held that a business can release itself from its own negligence but not from gross negligence or wilful misconduct, and the exact words of a release can......
  14. Crosswalk Accidents: Pedestrian Right-of-Way in Georgia When a driver hits a pedestrian in a crosswalk, fault is measured by Georgia's crosswalk rules, and they assign duties to both sides. A driver must stop and remain stopped......
  15. Exercise Equipment Injuries in Georgia: Treadmill and Weight Machine Defects Exercise equipment raises questions that other products may not: the machine may not be in use when someone is hurt, its risks may be visible to anyone who looks, and......
  16. Chiropractic Injuries in Georgia: When Spinal Manipulation Goes Wrong A patient hurt during chiropractic care faces several statutory questions before fault is reached: how the Code defines the practice, which standard-of-care provision reaches a chiropractor, whether an expert affidavit......

Leave a comment

Your email address will not be published. Required fields are marked *