Federal Tort Claims Act Attorney in Rapid City

Filing an FTCA Claim: Process & Deadlines

Before you can file a lawsuit under the FTCA, you must complete a mandatory administrative claims process. Skipping it or completing it incorrectly can permanently end your case.

The required steps:

• Submit Standard Form 95. File this administrative claim with the specific federal agency whose employee caused the injury. The form must include a “sum certain”: a specific dollar demand for your damages. A later lawsuit generally can’t seek more than that amount unless newly discovered evidence supports a higher figure.
• Meet the two-year deadline. Under 28 U.S.C. Section 2401(b), the administrative claim must be received by the agency within two years of the date the claim accrues. Missing this deadline permanently bars your claim.
• Wait for the agency’s response. The federal agency has six months to investigate and respond. If it denies the claim or fails to act within that window, you may proceed to federal court. You generally have six months from a written denial to file suit.
• Litigate in federal district court. For incidents in the Black Hills region, that means the Western Division of the U.S. District Court for the District of South Dakota, based in Rapid City. FTCA cases are decided by a federal judge, not a jury, and punitive damages aren’t available.

What the FTCA Covers & What It Excludes

Not every injury connected to a federal facility or employee produces a valid claim. Understanding what qualifies matters as much as knowing the deadlines.

Common qualifying claim types:

• Motor vehicle accidents caused by on-duty federal employees
• Medical malpractice at VA or military medical facilities
• Slip-and-fall and other premises injuries on federal property

Key exceptions that can bar a claim:

• Discretionary-function exception. Claims based on a federal employee’s exercise of policy-level judgment are excluded. This exception is frequently litigated and requires careful analysis of whether the conduct involved a policy choice or simply negligent execution.
• Intentional torts. The FTCA generally bars claims for assault, battery, false arrest, and similar intentional acts, though a specific exception allows certain claims against federal law enforcement officers for assault, battery, false arrest, and malicious prosecution.
• Independent contractors. The FTCA covers federal employees, not independent contractors working for federal agencies. Whether someone qualifies as an employee or contractor under federal law is a fact-intensive question that affects whether a claim can proceed.

If you’re uncertain whether your situation falls within or outside these boundaries, the answer usually turns on specific facts about who was involved and what they were doing. That’s exactly the kind of analysis our attorneys can work through with you during a free consultation.

Start with a Free Consultation

FTCA cases carry strict, unforgiving deadlines. We offer free, confidential consultations so you can understand your options without any financial commitment. Contingency fee arrangements are available, meaning you pay no attorney fees unless we recover compensation for you.