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How does a government tort claim work after a long-delayed injury?

A recent policy shift has made this more visible: federal agencies have tightened online claim procedures under the Federal Tort Claims Act (FTCA), so more people first learn about the process when a denial letter arrives.

Picture a commuter who was hit by a postal truck two years ago. At first, the injuries seemed manageable. Later, nerve pain and missed work built up, and a letter from a federal insurer said any claim had to follow a special process. That letter points to a rule many people do not expect: when the government is the defendant, you usually cannot sue first.

The process starts with an administrative claim. For a federal agency, that usually means sending Standard Form 95 to the correct agency, such as the U.S. Postal Service. The claim must state what happened, why the government employee was at fault, and a sum certain - a specific dollar amount. Under the FTCA, the usual deadline is 2 years from when the claim accrued, often when the person knew or should have known of the injury and its cause.

The agency then investigates. It may ask for medical records, wage-loss proof, or repair estimates. The agency can:

  • pay the claim
  • deny it
  • or do nothing for 6 months, which is treated as a denial for filing purposes

Only after that can the person file in federal district court. If the agency sends a written denial, the usual court deadline is 6 months from the mailing date.

State and local governments often use similar notice systems, but the deadlines can be much shorter, sometimes 30, 60, or 180 days. Some states allow late notice in limited situations, especially when the injury was discovered later. The key difference from an ordinary injury case is the mandatory first step: a government tort claim is usually a required gateway, not just paperwork.

by Sandra Duval on 2026-03-25

This summary is educational and does not create an attorney-client relationship. Laws are complex and fact-specific. If you're dealing with this issue, get a professional opinion.

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