Yes, you can sue FedEx for losing your package, but before you plan a lawsuit you should know that your recovery is almost always capped at the declared value of the shipment, which defaults to just $100 unless you paid to raise it. Federal preemption laws block most of the state-law theories people instinctively reach for, and FedEx’s own contract requires you to file an internal claim before you go to court. For most people, small claims court after a denied claim is the realistic endgame.
The $100 Cap Governs Everything
Every FedEx shipment carries a built-in liability cap of $100 at no extra charge. If your package disappears and you didn’t declare a higher value at shipping, $100 is the most FedEx owes you regardless of what was inside.1FedEx. FedEx Declared Value and Limits of Liability for Shipments You can raise this ceiling by declaring a higher value and paying an additional fee, subject to maximum declared value caps that vary by service. Express overnight and two-day services typically allow declared values up to $50,000, FedEx Ground caps lower, and envelopes and paks are limited further. Certain categories such as artwork, jewelry, electronics, and collectibles face their own reduced caps even within those services.
This is not insurance. It sets the ceiling on FedEx’s contractual liability. If you shipped a $3,000 laptop without declaring its value, FedEx’s maximum obligation is $100, and no lawsuit changes that math. The declared value you chose at shipping becomes the upper boundary of any claim or legal recovery. It is the single most consequential detail in the whole process, and most people only learn about it after something goes wrong.
You Have to File a Claim With FedEx First
FedEx’s Service Guide requires you to file a written claim before you can sue. For lost or undelivered U.S. domestic shipments, you have nine months from the date you handed the package to FedEx to file.2FedEx. FedEx Service Guide 2025 For claims involving damaged or missing contents, the window is shorter: 60 calendar days from the shipment date for U.S. packages.3FedEx. File Claims Faster Online International shipments have their own deadline of 21 calendar days. Miss these windows and your recovery can be permanently barred.
Before filing, request a trace investigation so FedEx confirms the package is actually lost rather than delayed. Once the trace comes back empty, file the claim. Without a completed trace, FedEx will argue the package might still be in transit, and any later legal action will stall.
Who Files
The shipper is the primary party with standing to file. Recipients can file too, but for claims above a certain threshold FedEx may require written authorization from the shipper. If you bought something online and the seller shipped it, coordinate with the seller early. Many e-commerce companies will handle the claim on your behalf or send a replacement while pursuing the claim themselves, and the seller often has more leverage with FedEx than an individual recipient does.
Why Federal Law Blocks Most of the Claims You’d Want to Bring
Two federal statutes preempt most state-law claims for interstate FedEx shipments, and which one applies depends on the service you used.
Ground Shipments: The Carmack Amendment
The Carmack Amendment makes motor carriers liable for “actual loss or injury to the property” they transport in interstate commerce and establishes this as the exclusive remedy for shippers.4Office of the Law Revision Counsel. 49 USC 14706 – Liability of Carriers Under Receipts and Bills of Lading For a lost FedEx Ground package moving between states, this framework preempts claims like negligence, breach of implied warranty, and state deceptive trade practices statutes. You can still sue, but only under Carmack.
Express and Air Shipments: The Airline Deregulation Act
FedEx Express operates as an air carrier, and a different statute applies. The Airline Deregulation Act prohibits states from enforcing laws “related to a price, route, or service of an air carrier” or any carrier affiliated with a direct air carrier when transporting property by aircraft or motor vehicle.5Office of the Law Revision Counsel. 49 USC 41713 – Preemption of Authority Over Prices, Routes, and Service Courts have read this broadly to preempt most state-law claims against FedEx Express for lost or delayed shipments, including negligence and state consumer protection claims.
The practical effect of both statutes is the same. The state-law claims that feel most natural, whether negligence, state consumer protection violations, or unjust enrichment, are preempted for most interstate shipments. And the Federal Trade Commission Act doesn’t help either: only the FTC can enforce it, and private individuals have no right to sue under it.6Federal Trade Commission. A Brief Overview of the Federal Trade Commission’s Investigative and Law Enforcement Authority
What Legal Claim Actually Works
The claim that survives is essentially breach of contract, framed through the federal carrier-liability structure. FedEx’s Service Guide functions as the contract between shipper and carrier. By accepting your package and payment, FedEx agreed to deliver it. Failure to do so is a breach, and under the Carmack Amendment the carrier is liable for the actual loss up to the declared value.
To win a Carmack claim, you generally need to show three things: the package was in good condition when you gave it to FedEx, it was lost or damaged in transit, and you suffered a specific dollar amount of loss. Prove those and the burden shifts to FedEx to show it wasn’t negligent or that the loss fell within a recognized exception such as an act of God or a defect in the goods themselves.
You can also recover a refund of the shipping charges when FedEx failed to deliver at all. That refund is available regardless of whether you declared additional value. You paid for a service that wasn’t performed.
Small Claims Court Is Usually the Right Venue
For most lost-package disputes, small claims court is the most practical path if the FedEx claims process doesn’t resolve things. You don’t need a lawyer, filing fees are low, and the procedures are built for non-attorneys. Maximum claim amounts vary by state, typically between about $2,500 and $25,000, which covers the vast majority of lost-package values.
File in the county where you shipped the package or where FedEx has an office. Frame the case simply: you paid for delivery, FedEx didn’t deliver, and you’re owed the declared value plus shipping fees. Small claims judges handle these cases regularly and won’t expect you to cite the Carmack Amendment by name.
If FedEx denied your internal claim or offered less than you believe you’re owed, the denial letter itself becomes useful evidence. It shows you exhausted the internal process and documents FedEx’s position, which the judge can weigh against yours.
Evidence to Gather
The same records support both a FedEx claim and a lawsuit, so build the file once.
Download the full tracking history immediately. These records show every scan point with timestamps and can reveal where the package vanished, such as a last scan at a sorting facility with no subsequent movement. A PDF printout from your FedEx account is stronger than a screenshot because it’s harder to dispute, and the online data doesn’t persist forever.
Document what the contents were worth. Receipts, invoices, bank statements showing the purchase, and professional appraisals all work. For handmade or one-of-a-kind items, photographs and comparable sales listings help establish fair market value. Keep in mind that proof of value matters most when you actually declared the full value at shipping. If you declared $100 but the contents were worth $2,000, proof of the $2,000 value won’t push your recovery past $100.1FedEx. FedEx Declared Value and Limits of Liability for Shipments
Save every email, chat transcript, and phone call note from your interactions with FedEx. Write down the date, time, and name of anyone you spoke with, plus a summary of what they said. A clear paper trail undercuts any later argument that you sat on the claim or failed to cooperate with the investigation.
What You Realistically Recover
The ceiling is almost always the declared value plus a refund of shipping charges. Declared $500 and paid the fee? Your maximum is $500 plus shipping. Didn’t declare anything? You’re looking at $100 plus shipping.1FedEx. FedEx Declared Value and Limits of Liability for Shipments
Punitive damages are essentially off the table. Courts rarely award them in carrier liability cases, and federal preemption eliminates most of the state-law theories that could support a punitive claim. Consequential damages, meaning losses caused by the package not arriving such as a missed business opportunity or a ruined event, are also extremely difficult to recover. FedEx’s Service Guide explicitly limits liability to the declared value, and courts generally enforce those limitations.
Attorney’s fees are unlikely to be recoverable, which is another reason small claims court makes sense. Hiring a lawyer for a $500 dispute doesn’t pencil out unless you’re chasing a pattern of losses or a high-value commercial shipment.
The Deadline to Sue After a Denial
If FedEx denies all or part of your claim in writing, the Service Guide requires any lawsuit to be filed within two years and one day from the date of that written denial.2FedEx. FedEx Service Guide 2025 Miss that window and the claim is barred regardless of its merits. File your FedEx claim promptly, keep the denial letter when it arrives, and calendar the two-year-and-one-day deadline the moment it does.