Tort Law Research Guide

A tort suit against the government, whether it be state or federal, is a different process from a private suit. Historically, such suits were barred by sovereign immunity.  Federal and state tort claims acts serve as waivers of sovereign immunity to permit a private party to sue the government.  The purpose of these acts are to provide monetary compensation for damages that are caused by a government employee.  Unlike a normal torts suit, where you would go directly to the court, in a torts claims act case, you must first file a claim with the government agency responsible for the damages.  This claim is called an "administrative claim."  If the agency refuses to pay or rejects your claim, you may commence a lawsuit.

The FEDERAL Torts Claims Act could be found for free at the following resources:

• Cornell's Legal Information Institute
  • Cornell's LII is a free program that is designed to provide people with the law free of charge and to help them understand it.
• United States House of Representatives
  • The website provides a list of steps on how to make a claim under the Federal Torts Claims Act.
• NOLO
  • A website for self-help materials.  An article on the website provides a more in-depth look at the steps necessary to file a suit against the government.

The CALIFORNIA Torts Claims Act could be found for free at the following resources:

• NOLO
  • A website for self-help materials.  An article on the website provides a more in-depth look at the steps necessary to file a suit against the government.
• Sacramento County Public Law Library
  • A public law library resource that contains information on pursuing a suit against the government/agency of California.