Maryland Federal Tort Claims Lawyer

When the government or its employees cause harm, holding them accountable can be more complicated than a typical personal injury case. Unlike private citizens or companies, the United States government enjoys certain legal protections from lawsuits. However, under the Federal Tort Claims Act (FTCA), individuals may bring claims against the federal government for negligence or wrongful actions that result in injury or death.

At McGowan & Cecil, LLC, we represent clients across Maryland in Federal Tort Claims Act cases, helping them navigate the complex rules and procedures required to bring a successful claim against the government.

What Is a Federal Tort Claim?

A federal tort claim arises when a person is injured by the negligent or wrongful actions of a federal employee who was acting within the scope of their official duties. These claims are governed by the Federal Tort Claims Act of 1946, which allows private citizens to pursue compensation for personal injury, property damage, or wrongful death caused by the federal government.

Some examples of federal tort claims include:

Medical malpractice at VA hospitals or military facilities
Negligence by federal employees, including postal workers or government drivers
Injuries on federal property, such as national parks or government buildings
Aviation accidents involving federal employees or agencies
Wrongful death caused by federal negligence

Common Challenges in Federal Tort Claims

While the FTCA provides injured individuals with a pathway to compensation, it also comes with strict rules and limitations that differ from those in ordinary personal injury lawsuits. Some challenges include:

Sovereign immunity: The government can only be sued under specific conditions allowed by the FTCA.
Short deadlines: Most federal tort claims typically require filing an administrative claim within two years of the injury.
Administrative process first: Before filing a lawsuit in federal court, you must submit a claim to the appropriate federal agency and allow them time to respond.
Exceptions to liability: Certain claims are barred, such as injuries from discretionary government functions or military combat activities.

Due to these complexities, many claims are denied when individuals attempt to file them without the assistance of a lawyer.

The Process of Filing a Federal Tort Claim

Bringing a claim under the FTCA involves several important steps:

Filing an administrative claim (Form 95): This must include detailed facts of the injury, supporting evidence, and a specific amount of damages sought.
Agency review: The government agency has six months to respond. They may approve the claim, deny it, or fail to respond at all.
Filing a lawsuit: If the agency denies the claim—or if six months pass without a decision—you may file a lawsuit in federal court.

Missing deadlines or failing to properly document the claim can result in losing your right to compensation.

How McGowan & Cecil, LLC Can Help

Our attorneys have the experience and resources needed to handle the unique challenges of federal tort claims. We assist Maryland clients by:

Investigating the circumstances of the injury and identifying the responsible federal agency
Preparing and filing a complete and accurate Form 95 administrative claim
Gathering strong evidence, including medical records, expert testimony, and accident reports
Negotiating with federal agencies to resolve claims when possible
Filing and litigating lawsuits in federal court if the claim is denied

Our goal is to maximize your recovery while minimizing the stress of navigating a difficult legal process.

Compensation in Federal Tort Claims

Compensation available under the FTCA is similar to that in personal injury cases against private parties. This may include:

Medical expenses (past and future)
Lost wages and diminished earning capacity
Pain and suffering
Property damage
Wrongful death damages for surviving family members

However, punitive damages are not available under the FTCA. This makes it even more important to carefully document all losses and ensure that your claim demands the full amount of compensation you are entitled to receive.

Speak With a Maryland Federal Tort Claims Attorney

If you or a loved one has been injured due to the negligence of a federal employee or agency, you may have the right to pursue compensation through the Federal Tort Claims Act. McGowan & Cecil, LLC is dedicated to helping Maryland residents successfully navigate the FTCA process and secure the justice they deserve.