Losing a family member in a collision with a USPS vehicle adds a layer of legal complexity to an already devastating loss: the claim proceeds against the federal government, under a federal statute, on a federal deadline — while the actual rules determining who can bring the claim and what can be recovered come from your state's wrongful death law.
How Wrongful Death Works Under the FTCA
The FTCA doesn't write its own wrongful death rule. Instead, it makes the United States liable "in the same manner and to the same extent as a private individual under like circumstances" (28 U.S.C. § 2674), applying the substantive law — including wrongful death and survival statutes — of the state where the accident occurred (28 U.S.C. § 1346(b)). In practice, that means:
- Who can file is determined by state law — typically the decedent's estate through its personal representative, sometimes with separate standing for a surviving spouse or children depending on the state.
- What can be recovered is defined by the state's wrongful death and survival statutes — commonly funeral expenses, pre-death medical costs, lost financial support, and loss of companionship, though the specific categories and any limitations vary by jurisdiction.
- Punitive damages remain barred regardless of state law, because 28 U.S.C. § 2674 excludes them from every FTCA claim without exception.
The Same Two-Year Deadline, Under Worse Circumstances
The SF-95 deadline doesn't pause for grief. Two years from the date of death, under 28 U.S.C. § 2401(b), the claim must be received by the responsible agency, and the same "received, not mailed" requirement applies (28 C.F.R. § 14.2(a)). Filing early — even before every financial and emotional decision has been made — protects the family's legal options without requiring immediate resolution of the case.
Who Should Handle This
A wrongful death claim against the federal government combines the FTCA's administrative-exhaustion requirements with your state's wrongful death law — two bodies of law that have to be navigated correctly and simultaneously. Our founding attorney's background adjudicating federal tort claims from the government's side, paired with the firm's experience across catastrophic and fatal FTCA cases, is built for exactly this intersection.
We handle these conversations with care, and we move quickly to protect your family's rights.
There is no cost to speak with us, and no obligation. We're here when you're ready.
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