Quick answer
Claims against the federal government for injuries caused by its employees fall under the Federal Tort Claims Act (FTCA). The claim must first be presented in writing to the responsible federal agency within two years after it accrues, and a lawsuit can be filed only after the agency denies the claim or fails to decide it within six months.[1][2] Claims against state and local governments are governed by each state’s own law.
The administrative claim requirement
28 U.S.C. § 2675(a)
An action shall not be instituted upon a claim against the United States for money damages for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.
Source: [2]
The same section provides that if the agency fails to make a final decision within six months after the claim is filed, the claimant may treat that as a final denial.[2]
Deadlines
28 U.S.C. § 2401(b)
A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.
Source: [1]
Examples of federal claims
Federal vehicles
Crashes involving postal or other federal vehicles.
Federal property
Falls in federal buildings or on federal land.
Federal health care
Care at VA and other federal facilities.
Whether an FTCA claim applies depends on whether the person who caused the injury was a federal employee acting within the scope of employment.[2]
State and local governments
Claims against cities, counties, school districts and state agencies are governed by state law. Many have notice deadlines measured in months rather than years. For example, New York requires a notice of claim within 90 days,[3] California requires a claim to be presented within six months,[4] and Georgia requires claims against cities to be presented within six months.[5] Some states also limit the damages available: Texas caps liability of the state and of municipalities at $250,000 per person and $500,000 per occurrence for bodily injury or death,[6] and Florida caps claims against the state and its subdivisions at $200,000 per person and $300,000 per incident.[7] See our state law pages.
Why timing matters for head injuries
Because some concussion symptoms may not appear for hours or days,[8] and the full effects of a brain injury may take longer to understand, short government notice deadlines can arrive before the extent of an injury is known.
Frequently asked questions
How long do I have to file an FTCA claim?
The written administrative claim must be presented to the agency within two years after the claim accrues.[1]
Can I sue the federal government right away?
No. The claim must first be presented to the agency, and suit can follow only after a written denial or six months without a final decision.[2]
How long do I have to sue after a denial?
Six months from the date the denial notice is mailed.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- 28 U.S.C. § 2401, Time for commencing action against United States. Legal Information Institute. https://www.law.cornell.edu/uscode/text/28/2401
- 28 U.S.C. § 2675, Disposition by federal agency as prerequisite; evidence. Legal Information Institute. https://www.law.cornell.edu/uscode/text/28/2675
- New York General Municipal Law § 50-e. New York State Senate. https://www.nysenate.gov/legislation/laws/GMU/50-E
- California Government Code § 911.2. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
- O.C.G.A. § 36-33-5. Justia. https://law.justia.com/codes/georgia/title-36/chapter-33/section-36-33-5/
- Texas Civil Practice and Remedies Code § 101.023. Justia. https://law.justia.com/codes/texas/civil-practice-and-remedies-code/title-5/chapter-101/subchapter-b/section-101-023/
- Florida Statutes § 768.28. Online Sunshine (Florida Legislature). http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.28.html
- Centers for Disease Control and Prevention. “Symptoms of Mild TBI and Concussion.” https://www.cdc.gov/traumatic-brain-injury/signs-symptoms/index.html
Sources last checked: October 11, 2026
