Ordinarily, the federal government is protected from lawsuits by sovereign immunity — the general legal principle that the government cannot be sued without its consent. The FTCA is Congress's limited consent to be sued for certain torts, most commonly negligence claims, caused by federal employees acting within the scope of their federal employment, such as a federal vehicle accident or medical malpractice at a federal facility.

The FTCA generally applies the tort law of the state where the wrongful act occurred, meaning the substantive standards for negligence largely mirror ordinary state tort law, even though the case proceeds under a federal statute and in federal court.

The FTCA contains significant exceptions where the government's immunity is not waived, even for conduct that would otherwise qualify. These commonly include claims based on a federal employee's exercise of 'discretionary function' (policy-level judgment calls), certain intentional torts, and claims arising from combatant activities during wartime, among other statutory exceptions.

Because these exceptions are numerous and can be legally technical, whether a specific set of facts falls within the FTCA's waiver of immunity or one of its exceptions is often a central, heavily litigated question in these cases.

Before filing an FTCA lawsuit, a claimant must first file an administrative claim with the specific federal agency involved, generally within a set deadline after the incident. The agency then has a period of time to investigate and respond; if it denies the claim, or fails to respond within the statutory window, the claimant can then file a lawsuit in federal court.

This administrative exhaustion requirement is jurisdictional in most circumstances — meaning a lawsuit filed without first properly completing the administrative claim process can be dismissed outright, regardless of the underlying merits of the injury claim.

Identifying the correct federal agency to file the administrative claim with, and doing so within the statutory deadline, is critical, since the FTCA's procedural requirements are enforced strictly. Given the complexity of the discretionary function exception and other statutory limits, consulting an attorney experienced in FTCA claims early in the process is generally advisable.

Documenting the incident thoroughly — including how a federal employee's conduct contributed to the injury and evidence connecting the injury to that conduct — supports both the administrative claim and any later lawsuit if the claim is denied or not resolved administratively.