Federal Tort Claims Act time deadlines

When someone is injured by an agent of the federal government, they cannot pursue a normal "negligence" action.  Instead, because of the impact of "sovereign immunity", the victim is limited to an administrative claim under the Federal Tort Claims Act, and a lawsuit to challenge the administrative remedy provided in that venue.

In the recent Ellison v. USA, case, a Monroe County widow's claim against the Postal Service was denied without a hearing because her attorneys misinterpreted the statutory time limits.  A claim must be filed within two years of the injury or death, and then if the claim is denied, suit must be filed in federal court within six months of the written denial.  The Sixth Circuit joined three other Circuits in enforcing this interpretation of the statute.  We hope the original administrative denial by the USPS was a fair response, given that Ellison's appeal will never be heard.