What is the statute of limitations for a federal notice of claim?

Direct answer

For most tort claims against the federal government under the Federal Tort Claims Act (FTCA), the “notice of claim” (administrative claim) must be presented to the appropriate federal agency within 2 years after the claim accrues.[1] If the agency denies the claim, any lawsuit must then be filed within 6 months after the agency mails the final denial.[1]

If the claim is not a tort claim (e.g., many other civil actions against the United States), a different limitations period may apply—most commonly 6 years from accrual for “every civil action commenced against the United States,” subject to statutory exceptions.[8]

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What “notice of claim” usually means (FTCA administrative claim)

Many people use “notice of claim” to refer to the required administrative claim that must be filed with the agency before suing under the FTCA.[2]

Issue

What is the deadline to file the required administrative claim (notice) against the federal government, and what are the later litigation deadlines?

Rule (FTCA deadlines)

28 U.S.C. § 2401(b) sets two separate time requirements for FTCA claims:

“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing…of notice of final denial….”[1]

The Congressional Research Service explains this as two independent timeliness requirements: (1) timely presentment to the agency within 2 years of accrual, and (2) timely court filing within 6 months after the agency’s final denial.[2]

Agency guidance is consistent that FTCA administrative claims must be received/presented within two years of accrual.[7]

Application (how the clock is measured and what must be filed)

1) When does a claim “accrue”?
Accrual is generally tied to when the claimant knew or should have known of the injury (often called a discovery-type rule in medical/injury contexts). An HHS/IHS training document states: an administrative claim must be presented within two years of the date the claimant “knew or should have know[n] of the injury,” giving the example that in a retained surgical instrument scenario “the clock starts ticking when the object is discovered.”[3] The IHS FTCA manual similarly states that claims must be filed within two years of the incident or knowledge of the alleged injury.[5]

2) What must be in the administrative claim (the “notice”)?
While the statute addresses timing, agencies commonly require a written claim with a signature and a sum certain (a specific dollar amount). For example, ICE states administrative claims “must be received within two years of the date the claim accrued,” and the filing should include (among other items) a “sum certain” and an original signature.[7] An HHS/IHS document likewise describes required elements such as claimant identity, a description of the injury/damage, and a sum certain (and notes SF-95 is commonly used though not mandatory).[3] Army guidance similarly states the FTCA requires a signed administrative claim that demands a sum certain and is filed within two years.[4]

3) Deadline to sue after denial (and the six-month administrative window)
If the agency issues a final denial, suit must be filed within six months of the mailing of the denial under § 2401(b).[1] Agency materials commonly describe a six-month administrative processing period and then the ability to file suit after that period, consistent with FTCA exhaustion concepts.[4]

Conclusion (FTCA)

For an FTCA tort claim, the limitations period for the “notice of claim” (administrative presentment) is 2 years from accrual, and if denied, the limitations period to file suit is 6 months from the mailed denial.[1]

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If the claim is not an FTCA tort claim (different deadline)

Rule (general federal limitations provision)

For many non-tort civil actions against the United States, 28 U.S.C. § 2401(a) provides:

“Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues….”[8]

Practical significance

If the matter is not a tort claim (for example, certain statutory refund, benefits, contract disputes, or other claims), § 2401(a) may apply—or another, more specific statute may control.[8]

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Quick reference table

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Important caveat (not legal advice)

The correct limitations period depends on the legal theory (tort vs. non-tort), the accrual date, and whether a more specific statute governs. The FTCA deadlines above are the ones most commonly associated with a “notice of claim” against the federal government.[1][2]