Civil Division
Defending Tort Litigation
Defending tort claims filed against the United States under the Federal Tort Claims Act (FTCA) encompasses a major portion of the Civil Division's caseload. The FTCA is a waiver of the sovereign immunity of the United States for tort claims based on the acts or omissions of federal employees within the scope of their employment.
The FTCA provides for liability in the same manner as private individuals under like circumstances in accordance with the law of the placewhere the act or omission occurred. The tort cases typically defended by Civil Division attorneys include personal injury claims (e.g., a slip and fall in a federal building), medical malpractice claims arising out of treatment at Veterans Administration hospitals or other federally-supported health facilities, and motor vehicle accidents involving a federal employee.
Standard Form 95 is used to present claims under the FTCA. These claims must be presented to the federal agency whose employee's conduct gave rise to the injury. While the Form 95 need not be used to present a claim, it is a convenient format for supplying the necessary information.