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First, determine whether the Federal Tort Claims Act applies
The Federal Tort Claims Act (FTCA) is a limited route for seeking money damages from the United States. It generally covers death caused by a negligent or wrongful act or omission of a federal government employee acting within the scope of employment, when a private person would be liable under the law of the place where the conduct occurred. The statute’s private-person comparison means the relevant local law matters; the FTCA does not create one nationwide definition of wrongful death or one damages formula.
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A death connected to federal activity is not automatically an FTCA case. The route may differ if the person involved was a contractor rather than a federal employee, if the employee was outside the scope of employment, or if a different federal statute or an FTCA exception applies. The facts and location are needed to assess those questions.
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What happens in the usual claim process
1. The family identifies the responsible agency and presents a claim
Before bringing an FTCA action, the claimant generally must present the claim to the federal agency whose activities gave rise to it. There is no single filing address for every case: the appropriate agency depends on the facts. DOJ says Standard Form 95 (SF 95) is a convenient format, not a required one. A written claim must give notice of the incident and demand a specific dollar amount—a “sum certain.” If someone signs for a claimant as an agent, executor, administrator, parent, guardian, or other representative, evidence of that authority is also required. Under the regulation, presentation occurs when the agency receives the required materials.
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The governing requirements appear in 28 U.S.C. § 2675, 28 C.F.R. § 14.2, and DOJ’s SF 95 instructions. A demand without a specific sum certain does not satisfy DOJ’s stated presentation requirements.
2. The agency reviews the claim
The agency gets an opportunity to investigate and make a final disposition. It may allow, deny, compromise, or settle a qualifying claim; settlement is possible, not guaranteed. The statutes do not establish a typical payout or average resolution time, so neither can be predicted from the fact that a claim was filed.
3. The claimant decides whether to proceed to court
Under 28 U.S.C. § 2675(a), a court action generally cannot be instituted until the agency has finally denied the claim in writing and sent notice by certified or registered mail. If the agency has not made a final disposition within six months after the claim was filed, the claimant may elect at any time afterward to treat it as denied for this purpose and proceed to court. That is an option, not an automatic agency denial.
If the claimant proceeds, the matter becomes litigation against the United States. The FTCA generally makes the United States the exclusive defendant for money-damages claims based on the same subject matter when the employee acted within the scope of employment, subject to statutory exceptions for certain claims against individuals. See 28 U.S.C. § 2679.
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Keep the two different six-month periods separate
There are two distinct six-month rules: one concerns how long the agency has to act before the claimant may elect to treat the claim as denied; the other is the deadline to sue after the agency mails a written final denial. The general statutory deadlines are:
| Deadline | What it applies to | General rule |
|---|---|---|
| Two years after accrual | Presenting the written claim to the appropriate federal agency | The general period in 28 U.S.C. § 2401(b) |
| Six months after the agency mails notice of final denial | Commencing the court action | The general period in 28 U.S.C. § 2401(b) |
| Six months after filing the administrative claim | Agency inaction | If there is no final disposition in that period, the claimant may elect to treat the claim as denied under 28 U.S.C. § 2675(a) |
The two-year period runs from when the claim accrues, and determining that date can require analysis of the specific facts and controlling law. The statutory text sets general deadlines; it does not resolve every accrual or exception issue for an individual case. Missing a deadline can bar a claim, so families should not assume that agency discussions extend a statutory period.
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What damages and outcomes depend on
The United States is generally liable to the same manner and extent as a private person in like circumstances under the law of the place where the conduct occurred. That local law and the case facts shape who may recover and how wrongful-death losses are calculated; the cited federal provisions do not establish a national list of eligible beneficiaries or a single damages formula.
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The FTCA generally bars punitive damages and interest before judgment. Neither filing an administrative claim nor filing a lawsuit guarantees compensation or a particular result.
What a family needs to assess the next step
- Where the incident happened and which federal agency’s activities were involved.
- Whether the person allegedly responsible was a federal employee acting within the scope of employment.
- Whether the appropriate agency received a written claim with incident information, a sum certain, and representative-authority evidence where required.
- When the claim accrued, when the agency received it, and whether it has mailed a written final denial.
- Which local wrongful-death rules govern beneficiaries and recoverable losses.
Because the agency, accrual date, eligible claimants, damages, and applicable exceptions depend on details not contained in the title alone, a lawyer experienced in FTCA claims can evaluate the correct route and deadlines for a particular family.
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