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Federal Tort Claims Act

Federal Tort Claims Act Attorney on Long Island

Over 20 Years of Personal Injury Experience. Every FTCA Case Built In-House.

The Federal Tort Claims Act (FTCA), enacted in 1946, waives the federal government’s sovereign immunity and allows private individuals to sue the United States for injuries caused by federal employee negligence. These claims follow a separate legal track from ordinary personal injury cases, with their own deadlines, administrative requirements, and a federal court forum. For Long Island residents injured by a USPS driver, harmed at a VA medical facility, or hurt on federal property in Nassau or Suffolk County, understanding that distinction is the first step toward pursuing a claim.

The Law Office of Gregory A. Goodman, P.C. represents Long Island residents through every stage of the FTCA process. With over two decades of personal injury experience and more than 10,000 cases handled, Gregory Goodman builds every matter in-house, prepares each case as if it will be decided by a judge, and remains your direct point of contact from the first call through resolution.

If you believe a federal employee or agency caused your injury, contact us today for a free consultation at (800) 242-3740. The administrative deadlines are strict, and early review can help determine whether your claim is viable.

Common FTCA Claims for Long Island Residents

Federal employees and agencies operate throughout Nassau and Suffolk Counties, which means federal negligence can arise in everyday situations. The FTCA covers injuries caused by any federal employee acting within the scope of official duties where a private party in the same role would be liable under New York law.

Common claim types include:

  • USPS vehicle accidents: Postal employees driving delivery trucks and other USPS vehicles in the course of their duties are a frequent source of FTCA claims on Long Island roads.
  • VA medical malpractice: Negligent care at federal VA facilities, including the Northport VA Medical Center and the VA clinic in East Meadow, Nassau County, falls under the FTCA rather than standard medical malpractice law.
  • Federal premises liability: Slip and fall injuries or other accidents on improperly maintained federal property or inside federal buildings.
  • Construction accidents on federal work sites: Injuries sustained on construction projects funded or controlled by federal agencies.

The FTCA Filing Process: Administrative Claims Before Federal Court

The FTCA requires a mandatory administrative step before any lawsuit can be filed. You must submit a written administrative claim using Standard Form 95 (SF-95) to the responsible federal agency within two years of the date of injury. Missing this deadline bars the claim entirely, and accrual dates can be complex, so early legal review is important to confirm which date applies to your situation.

The Sum Certain Requirement & Agency Review

Two procedural details set FTCA claims apart from standard personal injury practice. First, the SF-95 requires a “sum certain” dollar amount for damages. A claimant can’t recover more than the amount stated on the original form, which means accurately calculating the full scope of current and future damages before filing is critical. Second, under 28 U.S.C. § 2675, the federal agency has six months to approve, partially approve, or deny the claim. If it denies the claim, or six months pass without a response, you may then file a lawsuit in federal district court.

Federal Court Forum & Bench Trial

For Long Island residents, that court is the U.S. District Court for the Eastern District of New York, with a divisional courthouse at the Alfonse M. D’Amato United States Courthouse in Central Islip. One more distinction worth knowing: FTCA cases are decided by a federal judge, not a jury. Errors on the SF-95 or procedural missteps can result in dismissal regardless of the merits of the underlying claim.

Damages Available in an FTCA Claim

An FTCA claim can seek compensation for a range of losses. Recoverable categories include current and future medical expenses, lost wages and diminished earning capacity, physical therapy and rehabilitation costs, pain and suffering, permanent disability or disfigurement, and loss of quality of life.

Two statutory limitations apply. Punitive damages are expressly excluded under the FTCA. Attorney fees are also governed by statute: under 28 U.S.C. § 2678, fees are capped at 20% of an administrative settlement and 25% of a judgment or compromise settlement reached in litigation. Because the initial SF-95 claim amount serves as a ceiling on recovery, the damage calculation you submit at the start of the process determines the maximum amount you may recover.

Why Long Island Residents Bring Their FTCA Claims to Us

FTCA cases are procedurally demanding. The administrative filing stage, the sum certain requirement, the six-month agency review period, and bench trial practice in federal court each require attention that a general personal injury approach doesn’t provide. Our preparation-first philosophy fits that structure directly: Gregory Goodman prepares every matter as if it will be decided by a judge, because in an FTCA case, it will be.

Every case is built in-house. Nothing is outsourced. Clients have continuous, direct access to Gregory Goodman throughout the process, not a rotating staff of paralegals. That single point of contact can reduce the risk of missed deadlines, communication gaps, or procedural errors that can be fatal to an FTCA claim. The federal government and its agencies use delay and institutional pressure as tools. We don’t back down from that.

With over 20 years serving Nassau and Suffolk Counties, we understand the local federal facilities, the Eastern District of New York, and the specific situations where Long Island residents encounter federal government negligence. Free consultations are available with no upfront cost.

Discuss Your FTCA Claim at No Cost

If you or a family member was injured due to federal government negligence on Long Island, the clock on your administrative claim starts running from the date of injury. Early review of the facts, the responsible agency, and the applicable deadlines can give your claim a stronger foundation.

We offer free consultations to residents throughout Long Island, including Nassau County and Suffolk County. You work directly with Gregory Goodman from the first conversation through resolution.

Call (800) 242-3740 to schedule your free consultation. We can review your situation, explain your options, and discuss where your claim stands.

When the FTCA Does Not Apply: Key Limitations

The FTCA’s waiver of sovereign immunity has specific boundaries. Not every injury involving a federal employee or federal property falls within the Act’s scope, and identifying those boundaries early can prevent filing in the wrong forum or missing a different deadline that applies to your situation.

Claims that are generally barred include:

  • Intentional torts: The FTCA applies to negligent conduct, not intentional wrongful acts committed by federal employees (with limited statutory exceptions).
  • Discretionary function exception: Injuries arising from government actions involving policy-level judgment or discretionary decision-making are typically excluded.
  • Feres doctrine: Active-duty military personnel can’t bring FTCA claims for injuries that arise from activities incident to military service.
  • Foreign country exception: Claims for injuries that occur outside the United States are barred, even at U.S.-operated facilities abroad.

For Long Island residents, the underlying negligence analysis is governed by New York law. The FTCA requires that a private person in the same circumstances would be liable under the law of the state where the act occurred. Because these scope questions are often fact-specific, early legal review can help determine whether your situation falls within the Act’s coverage.

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