Injured by a Federal Employee in Utah? How the Federal Tort Claims Act Works
General information, not legal advice. Read the full disclaimer.
Short answer: If a federal employee acting within the scope of their job negligently injures you in Utah — a postal truck crash, a collision with a federal agency vehicle, a fall in a federal building, or an injury in a national park — your claim is generally governed by the Federal Tort Claims Act (FTCA), not the Utah Governmental Immunity Act. Under 28 U.S.C. § 2401(b), a tort claim against the United States is forever barred unless it is presented in writing to the appropriate federal agency within two years after the claim accrues, or suit is begun within six months after the agency mails a final denial. You generally can't sue until the agency has denied the claim in writing, or six months have passed without a decision, which you may treat as a denial (§ 2675(a)). The U.S. is liable in the same manner and to the same extent as a private individual under like circumstances, but not for punitive damages or prejudgment interest (§ 2674).
Who this guide is for
Utahns hurt by a federal employee or on federal property — post offices, military bases, VA facilities, national parks and monuments, BLM and Forest Service land — and their families. State law and federal law interact in these cases in ways that can surprise people.
Why it's different from a regular injury claim
| Feature | FTCA rule |
|---|---|
| Who you sue | The United States, not the employee (the FTCA remedy is generally exclusive, and the U.S. is substituted for an employee when the Attorney General certifies the employee was acting within the scope of employment — § 2679) |
| First step | Present a written claim to the agency — a prerequisite to filing suit (§ 2675(a)) |
| Deadline | Claim presented within 2 years; suit within 6 months of a mailed final denial (§ 2401(b)) |
| Amount | A lawsuit can't seek more than the amount claimed to the agency, except for newly discovered evidence or intervening facts (§ 2675(b)) |
| Governing law | Liability depends on the law of the place where the act occurred — in Utah, Utah law (§ 1346(b)) |
| Damages | No punitive damages or prejudgment interest (§ 2674) |
| Trial | Tried by a judge without a jury (§ 2402) |
| Attorney fees | Capped at 20% of an administrative award or settlement and 25% of a judgment or court settlement (§ 2678) |
The administrative claim
You typically start by filing a written claim — federal agencies commonly use Standard Form 95 — stating the facts and a sum certain of damages. Because a later lawsuit generally can't seek more than the amount you claimed, the amount you put on the form matters. The agency has six months to decide. If it doesn't make a final disposition within six months, you can choose to treat that as a denial and sue.
What the FTCA doesn't cover
Section 2680 lists exceptions. Examples include claims based on the discretionary function of a federal agency or employee, claims arising from loss or negligent transmission of postal matter, certain intentional torts (assault, battery, false imprisonment, and others — with a proviso for acts of federal law enforcement officers), claims arising in a foreign country, and claims arising from combatant activities in wartime. The "discretionary function" exception in particular is heavily litigated in cases about policy decisions such as park management. Whether your case falls within an exception is a legal question.
Utah examples
- Postal and federal vehicles: a collision with a U.S. Postal Service truck is an FTCA claim; mail-delivery incidents that are not about lost or mishandled mail are treated differently from postal-matter claims.
- Military and veterans' facilities: malpractice at a VA hospital. See Utah Federal Facility Medical Malpractice Claims.
- National parks and public lands: injuries on trails, roads, or facilities managed by federal agencies. Because FTCA liability turns on Utah law applied to a private person in like circumstances, state rules such as the recreational use statute may be raised even on federal land; the Governmental Immunity Act itself applies to state and local entities, not the federal government.
- Service members: claims by active-duty military personnel for injuries incident to service face separate case-law limits; consult an attorney.
State claims compared
Claims against Utah state and local government run through different rules: a notice of claim within one year, damage caps, and a two-year suit deadline. See Utah Governmental Immunity Act Claims and How to File a Notice of Claim Against a Utah Government Entity. If you're not sure which government is responsible, protect yourself by filing the appropriate notice with each possible entity.
After the claim: next steps
- Identify the federal agency and the employee's role, and get any accident report.
- Calendar the two-year presentment deadline (it runs from accrual; shorter state or agency deadlines may apply to related claims).
- File the written claim with a sum certain and supporting documents.
- Track the six-month clock and any denial letter; the six-month suit deadline starts from the mailing date of the denial.
- Talk to an attorney experienced in FTCA litigation — procedural mistakes are unforgiving.
Frequently asked questions
Can I sue a federal employee personally?
Generally no for negligence within the scope of employment; the FTCA remedy is exclusive and the United States is substituted.
Is there a jury?
No. FTCA actions are tried by a judge.
Can I get punitive damages?
No. The United States isn't liable for punitive damages or prejudgment interest under the FTCA.
What's the deadline?
Present a written claim within two years of accrual, and sue within six months after the agency mails its final denial.
How much can a lawyer charge?
Not more than 20% of an administrative settlement or 25% of a judgment or court settlement.