Skip to the main content.

Federal Tort Claims Act

Veteran Attorneys Fighting for the Rights and Futures of Veterans

Get Your Free Case Review
building-your-estate-plan

For Veterans,
By Veterans

Speak to Our Veteran Attorneys Today

What is Excluded from the FTCA?

Congress has excluded claims arising incident to military service from the FTCA since they are covered by other legislative acts.

What else do I need to know?

Before filing in federal district court, people must exhaust their administrative remedies first by filing a written claim with the agency that they believe has wronged them. The claim must state with specificity the monetary damages and identify the conduct that caused the damage. This must take place before the two-year statute of limitations expires of when the tort occurred. An agency is given six months to respond. If the federal agency doesn’t respond after six months, then a person may file their claim in federal court.

If the agency does respond and denies the claim, an aggrieved party has six months after denial of the claim to file in federal district court.

It's imperative to file in the correct court - federal district court, not the Court of Federal Claims

It’s critical to file the claim in the right court. FTCA claims may only be heard in the federal district court either where plaintiff resides or where the act or omission occurred.

Other Barred Claims

Congress barred waivers of the FTCA in these instances:

  1. Due Care exception of § 2680(a) provides that when a federal employee uses due care in carrying out a federal statute, regulation or policy specifically prescribing a course of action for an employee to follow, then a person’s claim is barred.
  2. Discretionary Function exception of § 2680(a) provides an exception barring a FTCA claim when a federal employee performs a government action involving an element of judgment or choice that involves social, economic or political policy. It bars claims arising from flawed policies or negligent conduct.
  3. Postal Exception bars suits in claims arising out of the loss, miscarriage or negligent transmission of letters or postal matter.
  4. Collection of tax assessment or detention of property or goods by a police officer
  5. Claims under the Admiralty or Public Vessels Act
  6. Trading with the Enemy Act
  7. Assault and battery by federal employees whether harm was intended, a joke ran afoul or plaintiff characterizes the act as negligent. (This doesn’t apply to medical malpractice.) Claims for damages caused by the imposition or establishment of quarantine by the United States.
  8. These 11 intentional torts are barred and are listed by name
    1. False arrest
    2. Malicious prosecution
    3. Abuse of process (1-5 applies to federal law enforcement officers)
    4. Libel when defamation is a necessary element
    5. Slander when defamation is a necessary element
    6. Misrepresentation or deceit
    7. Interference with contract rights
    8. Invasion of privacy when based on false statements
    9. Commercial losses and personal injuries
    10. Invasion of privacy when based on false statements
    11. Commercial losses and personal injuries
  9. Sec. 2680(i) bars claims arising from fiscal operations and monetary regulation.
  10. Section 2680(j) bars claims for combatant activity.
  11. Sec. 2680(k) foreign tort exception bars claims arising in a foreign country
  12. The remaining exceptions bars claims arising from the Tennessee Valley Authority, the Panama Canal Company, a Cooperative Bank, a Federal Land Bank or a Federal Intermediate Credit Bank.

Why Choose Veterans Advocacy Law Group for Your Legal Needs?

At Veterans Advocacy Law Group, we understand that navigating the complexities of legal claims can be overwhelming, especially for veterans seeking justice and support. Our dedicated team of legal professionals is committed to providing personalized service tailored to your unique circumstances.

Here’s why we stand out:

  • Veteran-Centric Approach: Our team comprises veterans and advocates who are passionate about serving those who have served our country. We know the intricacies of military law and the challenges veterans face.
  • Proven Track Record: We have successfully represented numerous veterans, helping them secure the benefits and compensation they deserve. Our case results speak to our expertise and dedication.
  • Comprehensive Legal Support: From initial consultations to appeals, we offer a full range of legal services. We guide you through each step of the process, ensuring you are informed and empowered.
  • Free Consultations: We believe in accessibility. Our initial consultations are free, allowing you to discuss your case without any financial pressure.
  • Community Engagement: We actively participate in veteran outreach programs and community events, reinforcing our commitment to improving the lives of veterans in Denver and beyond.

Choosing the right legal representation can make all the difference in your case. Let us fight for your rights and ensure you receive the support you deserve. Contact Veterans Advocacy Law Group to schedule your free consultation!


If you have been wronged by the actions of a federal employee, our attorneys would love to share their expertise with you. It can be difficult to understand how to sue the government on your own. Contact us today.