John W. Redmann | July 8, 2026 | Personal Injury
Most people assume that you cannot sue the federal government, and, for a long time, that was true. Under a legal principle known as sovereign immunity, the government was shielded from lawsuits unless it agreed to be held accountable. However, that all changed in 1946 when Congress passed the Federal Tort Claims Act.
The FTCA opened the door for individuals to pursue compensation when a federal employee’s negligence causes them harm. If you were injured in Louisiana due to the carelessness of a government worker acting within the scope of their duties, you may have a valid claim. However, the process looks nothing like a standard personal injury case. Read on to learn all about the specifics.
How the Federal Tort Claims Act Works
The FTCA allows private citizens to file claims against the United States in situations where a federal employee’s negligent conduct leads to an injury or property damage. The key requirement is that the employee must have been acting within the scope of their official duties at the time.
One important detail is that the FTCA does not create its own definition of negligence. Instead, it looks to the law of the state where the injury took place. If you were injured in Louisiana, the court will apply Louisiana’s negligence standards to determine whether the government is liable.
That said, there are some major differences. For one, FTCA cases are heard by a federal judge rather than a jury. You also cannot recover punitive damages, no matter how egregious the government’s conduct may have been.
Filing an FTCA Claim: The Process
Before you can file a lawsuit against the federal government, you are required to go through an administrative claims process first. Skipping this step will almost certainly lead to your case being dismissed. Here is how the process works:
- File an administrative claim: You must submit a claim to the federal agency responsible for the injury, typically using Standard Form 95. This form requires a detailed description of what happened, along with a specific dollar amount for the compensation you are seeking.
- Meet the two-year deadline: The administrative claim must be filed within two years of the date of your injury. Missing this window will permanently bar your case.
- Wait for a response: Once your claim is filed, the agency has six months to investigate and respond. They may offer a settlement, deny the claim, or simply not respond at all.
- File a lawsuit if necessary: If the agency denies your claim or fails to act within six months, you then have six months from the date of that denial to file a lawsuit in federal district court.
One thing to be aware of is that you generally cannot sue for more than the dollar amount you listed in your original claim form. Getting that number right from the beginning matters, which is one of the reasons why having an attorney on your side who knows how to properly calculate economic and non-economic damages is best.
What Other Limitations Should I Know About?
The FTCA does not cover every type of claim against the federal government, meaning certain categories are excluded entirely. Claims based on discretionary government decisions, such as policy choices, are off limits. Most intentional torts are also excluded unless they were committed by federal law enforcement officers.
Further, note that under the Feres doctrine, active-duty military members are generally barred from suing for injuries that are connected to their military service. That said, there are limited exceptions that might apply in some cases.
Call Law Office of John W. Redmann, L.L.C. To Schedule a Free Consultation With a Metairie Personal Injury Lawyer
Suing the federal government in Louisiana is far more complex than filing a claim against a private party, but it’s more than doable with trusted legal help on your side.
If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.
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