Federal Tort Claims Act Attorney in Colorado Springs

Over 100 Years of Trial Experience. Proven Results Against the Federal Government.

Clawson & Clawson, LLP brings more than 100 years of combined Colorado trial experience to these claims, including the procedural grounding that determines whether a federal tort claim moves forward or gets dismissed on a technicality.

If you or a family member was injured by the negligence of a federal employee or on federal property, don’t wait to find out whether you have a claim. Call us at (719) 602-5888 for a free case review before your filing window closes.

What the Federal Tort Claims Act Does

For most of American history, the federal government couldn’t be sued without its consent. This principle, known as sovereign immunity, left injured people with almost no legal recourse when a federal employee’s negligence caused harm. Congress passed the Federal Tort Claims Act (FTCA) in 1946 to create a limited waiver of that immunity.

Under the FTCA, the United States is substituted as the defendant in place of the individual federal employee. The government is then liable to the same extent a private person would be under the law of the state where the incident occurred. That “limited waiver” language matters: the FTCA covers negligent or wrongful acts, but it excludes certain categories of claims entirely, which is one reason careful legal review early in the process can affect how a case proceeds.

Who Can File an FTCA Claim

Eligibility depends on who was injured, by whom, and under what circumstances. The most common claimants include civilians injured by a federal employee acting within the scope of employment, veterans who experienced medical malpractice at a VA hospital or clinic, and family members or dependents of service members who were personally injured on a military installation or at a military medical facility.

Active-duty service members generally can’t bring FTCA claims for injuries connected to their military service. The Feres doctrine, a judicially created rule, bars these claims when the injury is “incident to service.” Dependents who sustain their own injuries are treated differently and may have a viable path under the FTCA. Injuries occurring on overseas military installations or in circumstances the FTCA doesn’t reach may fall under the separate Military Claims Act instead. We serve clients throughout Colorado Springs, Pueblo, and the Denver Metro area, and we can help you determine which avenue applies to your situation.

Common FTCA Cases in the Colorado Springs Area

Colorado Springs has one of the largest military and federal footprints of any city in the country. Fort Carson, Peterson Space Force Base, Schriever Space Force Base, the U.S. Air Force Academy, and Cheyenne Mountain Space Force Station all operate in or near the city. That concentration of federal activity means the conditions for FTCA claims arise here more often than in most metro areas.

Common case types we handle include:

• Vehicle collisions: Accidents involving government-owned or military vehicles operated by federal employees on duty
• Military medical malpractice: Negligent care provided at Evans Army Community Hospital at Fort Carson or other installation medical facilities
• VA medical malpractice: Negligent treatment at the PFC Floyd K. Lindstrom Department of Veterans Affairs Clinic in Colorado Springs or other VA facilities in the Eastern Colorado Health Care System
• On-base injuries: Accidents occurring on federal property due to unsafe conditions or negligent maintenance

The FTCA Administrative Process: What to Expect

Before any lawsuit can be filed in federal court, a claimant must first exhaust the administrative process. This requirement trips up claimants who skip it or handle it incorrectly.

Standard Form 95 & the Sum-Certain Requirement

The process begins by submitting a Standard Form 95 (SF-95) to the federal agency responsible for the injury. This form must include a “sum certain”: a specific dollar amount of damages. A claim that omits this figure or uses vague language risks dismissal on procedural grounds before it’s ever evaluated on its merits. Calculating that number accurately at the outset requires the same damages analysis a trial would demand.

Filing Deadlines & Agency Response

FTCA claims generally must be filed within two years of the date the injury was discovered, though specific circumstances can affect that timeline. Once the SF-95 is submitted, the agency has six months to investigate and respond. If it denies the claim or fails to act within that window, the claimant may then file suit in federal district court. Missing either the administrative deadline or the subsequent court filing deadline can end the case.

Bench Trial, Not Jury Trial

FTCA cases are decided by a federal judge alone. There’s no right to a jury trial, and punitive damages aren’t available. That changes how these cases are prepared and presented, and it’s one reason prior federal court experience matters when choosing a firm to handle your claim.

Why Colorado Springs Families Choose Clawson & Clawson, LLP

Clawson & Clawson, LLP has served Colorado Springs since 1971. As a second-generation, family-led firm, we’ve built our reputation on cases that demand precision under pressure. Our attorneys are members of The National Trial Lawyers Top 100 and the Multi-Million Dollar Advocates Forum®, recognitions reserved for lawyers with demonstrated results in high-stakes civil litigation. We’ve been recognized by Super Lawyers from 2023 through 2026, hold a 10/10 “Superb” rating from Avvo, an A+ rating with the Better Business Bureau, and have been named among the “Best Law Firms” by U.S. News & World Report.

Federal tort claims aren’t won by filing paperwork and hoping for a response. They require firms that understand the administrative exhaustion requirements, know how to value and document damages from the start, and are prepared to litigate in federal court when the agency denies a claim. Our approach is straightforward: settle when the outcome is right for our client, litigate when it isn’t. Your fight is our fight.

Start with a Free Case Review

The FTCA’s two-year filing deadline and mandatory administrative process mean that waiting on legal advice can close the door on an otherwise valid claim. We offer free initial consultations so you can understand your rights and options before making any decisions.

Contact Clawson & Clawson, LLP today at (719) 602-5888 to schedule your free case review with our Colorado Springs legal team.