We're not going to give you a number — anyone who does before reviewing your medical records and the liability evidence is guessing, and guessing on a federal claim with a hard filing deadline is a bad way to start. What we can walk through are the factors that actually move a USPS accident claim's value, up or down.
Liability Clarity
The strength of the evidence on fault matters enormously. A police report that clearly assigns fault to the USPS driver, an independent witness, or physical evidence like skid marks and vehicle damage patterns all strengthen a claim. A disputed-fault scenario — especially one where the only account of what happened comes from USPS's own driver and internal investigation — is harder to value with confidence until that evidence is independently tested.
Your State's Comparative Fault Rule
Because FTCA liability is measured under the law of the state where the accident occurred (28 U.S.C. § 1346(b)), the same set of facts can produce very different outcomes depending on where the crash happened:
- Pure comparative negligence states reduce your recovery by your percentage of fault, but you can still recover something even if you were 90% at fault.
- Modified comparative negligence states (most states) bar recovery entirely once your fault reaches 50% or 51%, depending on the state.
- Contributory negligence states — the District of Columbia, Maryland, Virginia, North Carolina, and Alabama — bar recovery entirely if you were even minimally at fault, a harsh rule that makes liability investigation especially important in those jurisdictions.
Documented Damages
Medical bills, records of missed work, and, for serious injuries, projected future care and lost earning capacity all form the backbone of a claim's value. Gaps in treatment, delayed care, or a sum certain filed on the SF-95 before treatment concluded can all understate a claim relative to its actual damages. See how the sum certain requirement works →
What's Explicitly Off the Table
Punitive damages are barred by statute against the United States, no matter how the driver was operating the vehicle (28 U.S.C. § 2674). There's also no jury — a federal judge alone decides the case if it goes to litigation, which changes how a case is built and argued compared to a jury trial in state court.
Get an honest read on your case — not a guess.
We'll review your accident and medical facts and tell you what actually strengthens or weakens your claim, at no cost.
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