Government Tort Claim
Government Tort Claim Generator
AI-powered · Attorney review option · All 50 states
Signature Requirements
Check Filing Requirements
Most government tort claims require a wet-ink signature. Some jurisdictions also require the claim to be notarized or filed under penalty of perjury.
Filing requirements vary widely by jurisdiction. Federal FTCA claims (Standard Form 95) must be filed with the appropriate federal agency. State and local claims are typically filed with the city clerk, county clerk, or risk management office. Many jurisdictions require the original signed claim to be delivered in person or by certified mail — e-filing may not be accepted. Verify your jurisdiction's exact requirements.
Sample Government Tort Claim Generated by Legal Tank
Government Tort Claim
Claimant Information
Claimant Name: [____________]. Date of Birth: [____________]. Address: [____________]. Telephone: [____________]. Email: [____________]. Attorney (if represented): [____________], [____________] (address), [____________] (phone), [____________] (bar number).
This claim is submitted pursuant to [the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 / the (State) Tort Claims Act, (statute citation) / (applicable local government claims statute)]. This claim is presented to [name of government agency or entity] within the time prescribed by statute, specifically within [____________] days / months of the date of the incident giving rise to this claim.
Date, Time, and Location of Incident
Date of Incident: [____________]. Time of Incident: [____________]. Location of Incident: [____________] (street address, city, county, state). Government Agency/Employee Involved: [____________]. The incident occurred on property owned, maintained, or controlled by [____________] and involved the acts or omissions of [government employee(s) acting within the scope of their employment / a dangerous condition of public property].
Description of Incident and Basis of Claim
Description of what happened: [Provide a detailed factual description of the incident, including the sequence of events, the identity of government employees involved, and the specific acts or omissions that caused or contributed to the injury.] The government entity is liable because [its employee(s) acted negligently within the scope of employment by ____________ / it maintained public property in a dangerous condition, specifically ____________ / it failed to ____________ despite actual or constructive notice of the hazard].
Injuries and Damages Sustained: Claimant sustained the following injuries: [____________]. Claimant has incurred the following damages: (a) medical expenses: [$__________] (to date), with estimated future medical expenses of [$__________]; (b) lost wages/income: [$__________] (to date), with estimated future lost earning capacity of [$__________]; (c) property damage: [$__________]; (d) pain and suffering; and (e) [other applicable damages].
Claim Amount and Supporting Documentation
Total Amount Claimed: [$__________]. This amount represents the sum certain demanded for the damages described above. [If the total amount cannot yet be determined: Claimant claims damages in an amount exceeding [$__________], with the precise amount to be determined upon completion of medical treatment and other investigation.]
The following documentation is attached or will be provided upon request: (a) medical records and bills; (b) photographs of the scene and/or injuries; (c) police report or incident report number [____________]; (d) witness statements from [____________]; (e) proof of lost wages; (f) repair estimates or invoices for property damage; and (g) [other supporting documentation].
View all 5 sections
Certification and Signature
I declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that the filing of this claim is a prerequisite to filing a lawsuit against the government entity, and that [the government entity has ____________ days to respond to this claim / failure of the government entity to respond within the statutory period constitutes a deemed denial]. I understand that any false statement in this claim may subject me to criminal penalties.
What Is a Government Tort Claim?
A government tort claim is a formal administrative notice filed with a government entity as a prerequisite to filing a lawsuit against that entity for injuries or damages caused by its negligence. Under the doctrine of sovereign immunity, government entities cannot be sued without their consent. The Federal Tort Claims Act (FTCA) and state tort claims acts waive this immunity under specific conditions, but virtually all require the injured party to file an administrative claim before bringing suit in court.
The government tort claim process serves as both a notice requirement and an opportunity for administrative resolution. The claim must describe the incident, identify the government employees involved, detail the injuries and damages sustained, and state a specific dollar amount for the claim. The government agency then has a statutory period (typically 6 months for federal claims) to investigate and either approve, deny, or settle the claim before the claimant can proceed to litigation.
Filing deadlines for government tort claims are strict and unforgiving. The FTCA requires federal claims to be filed within two years of the incident. State and local government claim deadlines are often much shorter, as little as 30 to 180 days in many jurisdictions. Missing the filing deadline almost always permanently bars the claim, regardless of its merit. These compressed timeframes make prompt action essential when you are injured by government negligence.
Legal Tank helps you prepare a properly formatted government tort claim that meets the specific requirements of federal, state, and local tort claims acts. For related documents, see our civil complaint tool for when you are ready to proceed to court.
Why You Need a Government Tort Claim
Filing a government tort claim is a mandatory prerequisite to suing any government entity, failure to file bars the lawsuit entirely
Common scenarios requiring government tort claims include injuries from poorly maintained roads, police misconduct, medical malpractice at government hospitals, and dangerous conditions on government property
The administrative claim process sometimes results in faster settlement than litigation, as government risk management departments have authority to resolve meritorious claims
Properly filed claims preserve your right to sue if the government denies the claim or fails to respond within the statutory period
Key Sections in a Government Tort Claim
Claimant Information
Provide the full legal name, address, date of birth, and contact information of the person making the claim. If the claimant is filing on behalf of a minor, estate, or incapacitated person, identify both the representative and the injured party.
Incident Description
Describe the incident in detail, the date, time, location, what happened, which government employees or agencies were involved, and how the government's negligence caused the injuries. Be specific about the sequence of events and the negligent conduct.
Government Entity and Employees
Identify the specific government agency, department, and employees whose negligence caused the harm. For federal claims, identify the specific agency. For state and local claims, identify the municipality, county, department, and individual employees if known.
Injuries and Damages
Detail all injuries sustained, physical, emotional, and financial. Include medical treatment received, ongoing treatment needed, lost wages, property damage, pain and suffering, and any other compensable damages resulting from the government's negligence.
Claim Amount
State a specific dollar amount for the claim. This is a mandatory element, claims without a stated amount are typically rejected. The amount should cover all current and anticipated future damages. Note that you generally cannot sue for more than the amount stated in your administrative claim.
Government Tort Claim Legal Requirements
Federal claims under the FTCA must be filed with the responsible federal agency within 2 years of the incident using Standard Form 95 (SF-95)
State and local government claim deadlines vary dramatically, from 30 days to 2 years depending on the jurisdiction and type of claim
The claim must include a "sum certain", a specific dollar amount representing the total damages claimed
The FTCA excludes certain categories of claims including intentional torts (with exceptions for law enforcement), discretionary function immunity, and claims arising in foreign countries
Many states require claims against municipalities to be filed with the city clerk, county clerk, or designated risk management office, filing with the wrong office may not satisfy the requirement
After filing, the government typically has 6 months (federal) or 30-120 days (state/local) to respond before the claimant can file suit
Common Government Tort Claim Mistakes to Avoid
Missing the filing deadline, government tort claim deadlines are among the shortest in civil law and are strictly enforced with very limited exceptions
Failing to file the administrative claim before filing a lawsuit, which results in dismissal of the court case for failure to exhaust administrative remedies
Not specifying a dollar amount for the claim, which is a mandatory element that cannot be omitted
Filing with the wrong government entity, claims must be directed to the specific agency responsible, not a general government office
Understating the claim amount, since most jurisdictions prohibit recovering more in the lawsuit than the amount claimed in the administrative notice
Not preserving evidence while the claim is pending, the government may take months to respond, during which critical evidence can be lost
Frequently Asked Questions About Government Tort Claims
What is a government tort claim?
How do I file a tort claim against the government?
What is the deadline to file a government tort claim?
What is sovereign immunity?
Can you sue the government for negligence?
What is the Federal Tort Claims Act?
What damages can you recover from a government tort claim?
What happens after you file a government tort claim?
More Legal Document Generators
Get a Professionally Drafted Government Tort Claim
On a budget? Download the free template or use the AI generator above for a quick, affordable option.
Want a professionally drafted document instead?