28 U.S.C. §§ 1346, 2671–2680
The Federal Tort Claims Act allows individuals to bring negligence claims against the United States — including for harm that occurred in federal custody. It's a specific, deadline-driven process, and we can refer your situation to an independent attorney in our nationwide network for a free review, at no upfront cost to you.
How it's different
Unlike a civil rights claim under § 1983, an FTCA claim is a negligence claim against the federal government itself — and it requires an administrative claim to be filed first, before any lawsuit can begin. That claim is submitted on a Standard Form 95 (SF-95), and it must state a specific dollar amount (a "sum certain") for the damages sought.
The administrative claim must generally be filed within two years of the incident, and the agency then has time to respond before a lawsuit can be filed in federal court. Missing these steps — or missing the underlying deadline — can end a claim before it starts.
FTCA claims can arise from medical negligence in federal custody, property loss, or other negligent or wrongful acts by federal employees acting within the scope of their employment.
What may qualify
Substandard care by federal medical staff that caused harm.
Personal property lost, damaged, or destroyed through federal employee negligence.
Harm resulting from a federal employee's negligent acts or failure to act.
Proper SF-95 preparation and sum-certain calculation to preserve your claim.
More that may qualify
Falls, broken stairs, defective equipment, and bad lighting inside a federal facility are ordinary negligence claims under the FTCA — a claim category in its own right, not an afterthought. These are among the most commonly overlooked FTCA matters, and they do not require proving that anyone intended harm.
FTCA deadlines are strict. Generally you must present the written claim to the government within two years of the harm, and then file suit within six months after the agency's final denial. The exact dates depend on the facts, so don't guess and don't wait.
If the agency simply doesn't answer. The agency has six months to act on the claim. If it hasn't acted by then, the family may choose to treat that silence as a denial and move forward — but that choice belongs to the family, not the agency. Waiting longer is also an option. Which is better depends on the situation.
The details that support a claim are easiest to capture early. We made a free, plain-English guide called The First 72 Hours to help families record exactly what's needed.
To understand how FTCA claims differ from other federal claims, see our plain-English explainer.
Where to start
There are two ways we can help families in your situation.
We can connect you with one of the independent attorneys we work with — a licensed civil-rights attorney who can look at what happened and explain your options. For serious harm — a death in custody, an assault, or denied care that caused harm — request a free case review with one of the independent attorneys we work with.
If you'd rather handle the claim yourself — or you're not ready for a full lawsuit yet — our Pro Se Paralegal Assistance Plan helps with document preparation, research support, and case organization, all under the oversight of a licensed attorney. See the Pro Se Paralegal Assistance Plan.
Not sure which fits? Start with the case-review request and choose "Not Sure — Please Advise" from the dropdown — we'll help you figure out the fit.
Legal document preparation and research support services; we connect families with independent licensed attorneys.
28 U.S.C. §§ 1346, 2671–2680 — the Federal Tort Claims Act. § 1346(b) is the jurisdictional grant.
28 U.S.C. § 2401(b) — a tort claim against the United States is forever barred unless presented in writing to the appropriate federal agency within two years after the claim accrues, or unless action is begun within six months after the mailing of notice of final denial.
28 U.S.C. § 2675(a) — a claim must first be presented to the agency and finally denied in writing. The failure of an agency to make final disposition within six months after filing shall, at the option of the claimant, be deemed a final denial.
28 U.S.C. § 2680(h) — the law enforcement proviso, which preserves certain claims including assault and battery against United States officers empowered to execute searches, seize evidence, or make arrests.
Millbrook v. United States, 569 U.S. 50 (2013) — the § 2680(h) proviso is not limited to conduct occurring during a search, a seizure of evidence, or an arrest. The Government conceded in that case that the correctional officers involved were law enforcement officers, and the Court did not decide that question itself.
Standard Form 95 — the official claim form. The claim must state a specific dollar amount.
42 U.S.C. § 1983 — the federal civil-rights statute, which applies to state and local officials rather than federal ones. Included here for contrast only.
Zero upfront cost
FTCA deadlines are strict — the sooner you call, the more options remain open.
