Can You Sue the Post Office After an Accident? What You Need to Know
When someone is injured by a government employee, the process of seeking compensation feels very different from a typical personal injury case. Our client learned this firsthand when he was riding his bike and was struck by a postal worker driving a USPS vehicle. From the very beginning, he did not know whether he could sue the post office for injuries, and he immediately ran into the familiar wall of federal bureaucracy. He could not get answers, could not open a claim, and could not move forward on his own.
I have been dealing with government agencies and federal claims for years, and I know how overwhelming these situations can feel. I have learned what matters, what can derail a case, and how to navigate the process from start to finish.
If you have questions about your specific case, call me at (888) 712-0017. I offer free consultations, there is no pressure, and you do not pay unless we win.
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Why Suing the Post Office Is Complicated
When a private person injures you, you can pursue a standard personal injury claim. When a federal employee injures you, everything changes because the post office is part of the United States government. The federal government writes the laws, controls the process, and operates the court system. It is not designed to make suing itself simple.
Still, victims have options if they follow the correct steps.
Understanding the Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act allows people to seek compensation from the federal government for:
- Personal injury
- Wrongful death
- Property damage
But FTCA claims have strict rules. If even one requirement is missed, the entire case can be barred.
To begin an FTCA claim, an attorney must file a Standard Form 95. This form includes:
- The injured person’s information
- A detailed explanation of what happened
- A list of witnesses
- The specific amount of compensation being claimed
This form is the legal starting point. Without it, you cannot sue the government.
What Happens After Filing Form 95
Once the post office receives Form 95, the government has several options:
- Investigate the accident
- Request more information
- Negotiate through an attorney
- Settle the claim
- Deny the claim
If the government denies the claim, the injured person has six months to file a lawsuit in federal court. If the person misses this deadline, the right to sue is gone.
In our client’s case, the post office did not respond at all. His claim sat idle, and nothing progressed.
When the Government Fails to Respond
A non-response from the government is more common than people expect. When the agency simply does not engage, the entire process stalls before it even begins. Without their acknowledgment of the claim, there is no ability to negotiate, no way to push the case forward, and no path to compensation.
This is where having an attorney becomes critical.
How We Broke Through Federal Bureaucracy
We followed the process correctly, and when the post office failed to act, we filed a lawsuit in federal court. This immediately got the attention of the United States Attorney’s Office. Once the government was required to respond, the case finally moved forward and we could fight for the compensation our client deserved.
In many federal cases, the turning point comes when the lawsuit is filed. Until then, the agency may not actively engage.
Common Questions People Ask About Suing the Post Office
Can you sue the post office for injuries?
Yes. USPS employee negligence falls under the FTCA. You can sue, but only after filing a proper administrative claim.
Do I fill out Form 95 myself?
You should not. Errors on Form 95 are one of the most common reasons claims are denied.
What happens if the post office never responds?
If six months pass with no response, the claim is considered denied. You can then file a federal lawsuit.
Can I sue the postal worker directly?
Not usually. The federal government substitutes itself as the defendant.
How long do I have to file?
You must file Form 95 within two years of the incident. After a denial, you have six months to sue.
Will the government compensate me for damaged property, like my bike?
Yes. FTCA claims cover both injuries and property damage.
Why FTCA Claims Fail
Many FTCA claims never get off the ground because of technical issues, including:
- Sending Form 95 to the wrong agency
- Leaving out required details
- Not listing a specific monetary amount
- Missing the two-year deadline to file
- Filing a lawsuit before filing Form 95
- Not filing a lawsuit within six months of denial
These mistakes are easy to make and impossible to repair later.
What Evidence Helps Strengthen a Claim Against the Government
Helpful evidence includes:
- Photos of the scene
- Video footage from businesses or street cameras
- Witness statements
- Medical records
- Property damage estimates
- USPS vehicle number
- Employee name or badge number
The more documentation you have, the stronger your case will be.
A Realistic Timeline for FTCA Claims
People often expect government claims to move quickly, but cases against federal agencies take time.
Typical timeline:
- Up to 6 months for the agency to respond to Form 95
- If denied or ignored, federal lawsuit begins
- Litigation often takes longer than state court claims
- Settlement can occur at any stage
Patience is part of the process, but progress should never stall completely.
Helpful Resource for Federal Claims
For reference, here is the official Standard Form 95 used to file claims against the United States:
https://www.justice.gov/civil/documents/standard-form-95
This form should be completed by an attorney, but reviewing it helps clients understand what information the government requires.
Why You Should Not File One of These Claims Alone
FTCA cases are some of the most technical in personal injury law. The deadlines are strict, the government is difficult to reach, and small mistakes can end the case permanently.
An experienced attorney ensures:
- The correct form is filed
- The correct agency is identified
- The claim is submitted on time
- The monetary demand is legally sufficient
- Evidence is preserved
- The government is held accountable when it fails to respond
Cases involving the federal government require someone who knows how to push through the obstacles.
You Deserve Guidance Through This Process
Government claims are intimidating, but you do not have to navigate them alone. If your injury involves a federal employee, including a postal worker, Howell Law Firm PC can help you understand your rights and guide you through the FTCA process step by step.