Skip to Content
We're On Your Side
FTCA Lawsuits

Federal Tort Claims Act (FTCA)

Representing Injured Clients & Their Families in Suing the United States Government

The Federal Tort Claims Act or FTCA allows non active-duty personnel (including, but not limited to retirees, spouse, children, and some active duty personnel, etc.) to sue the United States government when it is negligent directly or through its various agencies (such as the Veteran’s Administration, the Department of Health and Human Services, and the Postal Service). Basically, the FTCA provides for a limited waiver of sovereign immunity by the U.S. government which flows from Old English common law.

Need a lawyer to sue the federal government? Call (253) 236-3888 today to discuss your case in detail with a skilled FTCA attorney from Dore Law Group, PLLC.

History of the FTCA

The Federal Tort Claims Act was passed after a military pilot crashed a bomber, while flying in thick fog, into the side of the Empire State Building. Following the crash some families of the victims filed lawsuits against the Government, other families accepted monetary settlements. The lawsuits resulted in this landmark legislation, the Federal Tort Claims Act, being put into place in 1946. This Act for the first time allowed suits to be brought against the Government by non-active duty individuals. The bill had been pending in Congress for several decades, however the lawsuits and public outcry spurred its final passage and enactment in 1946.

FTCA Liability

Liability under the FTCA is limited to “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). The FTCA exempts, among other things, claims based upon the performance, or failure to perform, a “discretionary function or duty.” 28 U.S.C. § 2680(a). The FTCA also exempts several intentional torts, although the United States may be liable for specific intentional torts such as assault, battery, and false imprisonment, if committed by federal law enforcement officers. 28 U.S.C. § 2680(h). Generally the right to sue under the Act has been limited to non-active duty members of the armed forces, such as civilians, military dependents, and retirees.

Examples of situations in which the federal government may be sued under the FTCA include:

The Supreme Court of the United States has limited the use of the FTCA in cases involving active duty military members pursuing the Government for actions of those acting on their behalf. This is known as the Feres Doctrine. See 340 U.S. 135 (1950). Over recent years the Feres Doctrine has been eroded and the issues related to its application are complex. It is critical to note that in recent years more and more civilians are working for the Government as both employees and independent contractors. Particularly if you are in a Governmental Health Care facility you should not assume the healthcare provider is active duty. You should also not assume that because you are on active duty that you are not eligible. IN ALL CASES, you should call our law offices to speak with a qualified lawyer to see if you have a case, as the conditions regarding eligibility require a determination to be made by a lawyer based upon the facts and circumstances.

Additionally, some or all of the Department of Health Services Community Health Care Clinics may be covered by the FTCA. The impact of this is to dramatically reduce the time you have to file a claim and a lawsuit.

We Can Help

If you or a loved one has been injured or suffered from an accident while working as an employee for the federal government you may be eligible to file a claim against the government under the Federal Tort Claims Act. 

Call us; we will be happy to learn about your claim, and to discuss with you how we may be able to help you recover the damages you may be due. The initial consultation is free, and you will not be under any obligation to use us. If you retain our law firm, we will work vigorously on your behalf to obtain for you the full amount of compensation which you may be owed.

Hear What Our Clients Say

Helping Our Local Community Since 1994

At Dore Law Group, PLLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "There's no other law firm that works harder than Dore Law Group!"
    Mr. Dore and his staff truly care about their clients and work tirelessly on their clients' behalf.
    - Bonnie S.
    "I recommend Dore Law Group to everyone!"
    Jim was the best and his staff was helpful and was able to answer all of my questions.
    - Jim
    "I'd definitely hire Jim Dore if the need arose again!"
    Their customer service, attention to detail, and responsiveness are phenomenal.
    - Danielle
    "If ever I need legal advice, Jim is my go-to guy."
    The amount of time and effort Jim Dore has spent helping my family and I was phenomenal.
    - Former Client
    "Attorney Jim Dore is a highly skilled litigator and gets the best results."
    Dore Law Group is always my first choice!
    - Harry H.
    "Jim Dore is not only well versed in the law but is also very diligent in his work."
    Jim Dore is also an extremely personable individual, during stressful times he would often discuss sporting activities we both active in earlier times.
    - James

Millions of Dollars

Recovered For Our Clients
  • $2.5 Million Unsafe Hospital Conditions
  • $2 Million Failure to Diagnose Cause of Paralysis
  • $1.8 Million Railroad Bulkhead Collapse
  • $1.2 Million Motorcycle v. Commercial Truck
  • $1.2 Million Unsecured Load Injury
  • $1 Million Failure to Diagnose Breast Cancer
  • $1 Million Failure to Diagnose Prostate Cancer
  • $1 Million Fall from Roof
  • $800,000 Failure to Diagnose Heart Attack
  • Scaffolding Accident

Tell Us About Your Case

Your Consultation is Free
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy
  • We Are THE Kent Law Firm
    We have deep roots within our community and have been proudly serving Kent, WA since 1994.
  • Proven Record of Success
    We have recovered millions of dollars on behalf of our clients over the course of 30 years in practice.
  • No Recovery, No Fee
    If we don't recover compensation or damages for you, we won't charge you any legal fees.
  • We Take Every Case Personally
    We take the time to get to know you and create a strategy tailored to fit your needs.