December 5, 2025 | Personal Injury
If you were injured by a federal employee’s negligence, you might wonder whether you can sue the United States. Normally, sovereign immunity shields the government from lawsuits. But the Federal Tort Claims Act (FTCA) creates a limited waiver, allowing certain claims against federal agencies and employees acting within the scope of their duties. FTCA cases aren’t like ordinary Kentucky personal injury claims.
They’re governed by strict prerequisites and deadlines: you must first file an administrative claim, follow specific proof rules, and meet short timelines—or your case can be dismissed even if it has merit. Continue reading to learn more.
Federal vs. Kentucky Personal Injury Law
Although your FTCA claim is brought in federal court, the underlying rules of negligence are based on Kentucky state law. This typically means you must still prove that the government employee owed you a duty of care, breached that duty, and caused your injuries as a result. Some key aspects of the law to note include:
- Comparative fault: Kentucky follows a “pure comparative negligence” law. This means you can still recover damages if you share some of the blame, but your compensation will be reduced by your percentage of fault.
- Damages: While you can recover for medical expenses, lost wages, and pain and suffering, punitive damages are almost always prohibited under the FTCA.
- Procedural rules: Unlike standard injury cases, you must exhaust administrative remedies and comply with strict federal filing deadlines before taking your claim to court.
Your attorney will need to navigate both state negligence laws and the federal procedures that control the claim process.
What Is the Federal Tort Claims Act (FTCA)?
The FTCA allows private citizens to recover damages for personal injury, wrongful death, and property loss caused by a federal employee’s carelessness. Essentially, it makes the government liable in the same way a private person would be under similar circumstances. To bring an FTCA claim, you must prove that:
- The person who injured you was a federal employee (not an independent contractor)
- That employee was acting within the scope of their official duties at the time of the incident
- The employee’s conduct was negligent or otherwise wrongful under the law
- The negligent act (or failure to act) caused your injuries
Common examples of cases filed under the FTCA include:
- Car accidents caused by postal service and federal agency drivers
- Slip-and-fall accidents at federal buildings
- Medical malpractice at federally operated healthcare facilities
- Negligent maintenance of government property and equipment
If your case meets these criteria, you may be eligible to pursue compensation from the federal government.
How to File a Federal Personal Injury Claim
Before you can sue the government under the FTCA, you must first file an administrative claim with the specific federal agency involved. This step is mandatory and must be completed before a lawsuit can proceed. Your claim must include:
- A description of what happened
- The amount of damages you are claiming
- Supporting evidence, such as medical records, receipts, and photographs
This claim is typically submitted on Standard Form 95 (SF-95) and must be filed within two years of the date of the injury. The agency then has six months to respond.
How Much Time Do I Have To Sue the Federal Government?
Strict time limits apply when filing claims against the federal government. Under the FTCA:
- You must file your administrative claim within two years of the date of injury
- If that claim is denied, you have six months from the date of the denial letter to file a lawsuit in federal court
Missing either deadline almost always means losing your right to pursue compensation. There are very few exceptions, so it’s critical to act quickly and consult with a qualified attorney as soon as possible after your injury. Kentucky’s own statute of limitations for personal injury cases is one year from the date of the incident. However, when suing the federal government, the federal deadlines under the FTCA control.
What Damages Can You Recover From the Federal Government?
Although the FTCA limits what you can recover, you can still obtain compensation for most of your economic and non-economic damages, including:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Wrongful death damages for surviving family members
However, as noted, punitive damages are not available against the United States. This remains true no matter how egregious the government employee’s conduct was.
Why You Need an Experienced Personal Injury Attorney To Sue the Federal Government
FTCA claims involve unique legal challenges that ordinary personal injury lawyers may not be familiar with. These cases require strict adherence to procedural rules, detailed evidence collection, and knowledge of both state and federal law. A skilled attorney can help you by:
- Determining whether your claim qualifies under the FTCA
- Ensuring your administrative claim is filed properly and on time
- Gathering the documentation needed to prove negligence
- Negotiating directly with federal agencies
- Filing your lawsuit in the correct federal district court, if necessary
In light of the strict filing requirements and unique time limits that apply to these claims, it’s wise to contact an attorney as soon as possible after an injury involving a federal employee or property.
Contact the Lexington Personal Injury Attorneys at Minner Vines Injury Lawyers, PLLC for Help Today
Suing the federal government for personal injury is possible, but it’s not easy. The legal process for these cases requires precision and a deep understanding of both federal and Kentucky state law. If you were injured because of a federal employee’s negligence (whether at a VA hospital or in a crash involving a government vehicle), Minner Vines Injury Lawyers, PLLC can help get the compensation you deserve.
Contact our Lexington personal injury lawyers today to schedule a free consultation and learn more about your legal rights and options.
If you’ve been injured in an accident in Lexington or Bowling Green, please contact our car accident lawyers at Minner Vines Injury Lawyers, PLLC for a free case evaluation.
Minner Vines Injury Lawyers, PLLC – Lexington, KY Office 325 W Main St #210, Lexington, KY 40507 (859) 550-2900
Minner Vines Injury Lawyers, PLLC -Bowling Green, KY Office 814 State St. suite 100, Bowling Green, KY, 42101 (270) 517-2014
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