3rd Circuit: Tort Claims Against U.S. Must State ‘Sum Certain’ Damages

January 29, 2010

People who file tort claims against the U.S. government must put a dollar figure on their damages up front even if they don’t know the final tab because they are still being treated, the 3rd Circuit has ruled. The Federal Tort Claims Act contains no exception to the requirement that a claim must be accompanied by a “sum certain” amount for injuries or losses, and reading one into the statute would amount to a judicial expansion of its limited waiver of sovereign immunity, the circuit held.

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3rd Circuit: Tort Claims Against U.S. Must State ‘Sum Certain’ Damages

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