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Tort Claims

What is a tort claim?

A tort claim is a claim against the National Archives or its employees for damage to or loss of property or personal injury or death. Such claims may be brought only for damage, injury, or death arising out of the activities of the National Archives. See The Federal Tort Claims Act, as amended, 28 U.S.C. §§ 2671-2680. A tort claim may be made by someone who is not a National Archives employee. For example, generally, if a National Archives employee, driving a National Archives vehicle, strikes a private party's vehicle, the individual could file a tort claim against the National Archives for the damage to the car.

How do I file a tort claim?

1. Generally, a claim must be filed by the person who suffered the damage, loss, or injury (or that person's representative). A claim based on death may be presented by the executor or administrator of the decedent's estate or other person legally entitled to assert such a claim.
   
   
2. You must file a tort claim within two years of the date the claim accrued. This means that the National Archives must receive the completed claim form (see below) within two years of the accident or injury which gave rise to the claim.
   
   
3. Submit a completed Standard Form 95 "Claim for Damage, Injury or Death."
   
   
4. The General Counsel will evaluate your claim and may settle or deny your claim. Acceptance of a settlement is final and conclusive and constitutes a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim by reason of the same subject matter. If your claim is denied, notice of denial will be sent to you. If you are dissatisfied with the National Archives' denial, you may file suit in the appropriate U.S. District Court within six months after the date the notification was mailed to you.