The Federal Tort Claims Act gives you the right to hold the government accountable when federal negligence causes injury or death — but exercising that right requires an attorney who understands the procedural traps, administrative exhaustion requirements, and bench-trial strategy that make FTCA litigation fundamentally different from any other personal injury case.
At the Archuleta Law Firm, we have spent more than 25 years exclusively handling federal tort claims. Our founding attorney, Michael "EJ" Archuleta, II, M.D., J.D., served 28 years in the U.S. Army Claims Service adjudicating FTCA claims from the government's side before becoming an attorney. That government-side experience — combined with his medical degree — gives our clients an advantage no other firm can match.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA), enacted in 1946, waives the federal government's sovereign immunity and allows individuals to file civil lawsuits against the United States for injuries caused by the negligent or wrongful acts of federal employees acting within the scope of their employment.
Before the FTCA, if a VA surgeon committed malpractice, a postal truck caused an accident, or negligence on a military base injured a civilian, the injured person had no legal remedy. The government was immune. The FTCA changed that — but it imposed strict procedural requirements that make these cases fundamentally different from private personal injury lawsuits.
Key provisions every claimant should understand:
- Sovereign immunity waiver — The government consents to be sued, but only under the FTCA's specific rules
- State law governs liability — The substantive law of the state where the negligent act occurred determines whether the government is liable
- No jury trials — All FTCA cases are tried before a federal judge (bench trial), never a jury
- Administrative exhaustion required — You must file Standard Form 95 (SF-95) with the responsible agency before you can file suit
- Strict statute of limitations — Claims must be filed within two years of the date the claim accrues (three years for certain active-duty claims)
- No punitive damages — Recovery is limited to compensatory damages
The FTCA covers a wide range of federal agencies and facilities — the Department of Veterans Affairs, military treatment facilities (Army, Air Force, Navy), the U.S. Postal Service, the Bureau of Prisons, Indian Health Service hospitals, and any other federal facility where employees act within the scope of their employment.
If you were injured by federal negligence, suing the federal government under the FTCA may be your only path to compensation.
Why You Need a Federal Tort Claims Attorney
FTCA litigation is not standard personal injury law. The procedural requirements are unforgiving, the government's defense resources are vast, and a single mistake can permanently bar your claim. Here is why experienced FTCA legal representation matters:
The SF-95 Trap
The Standard Form 95 is deceptively simple — two pages — but it is one of the most consequential documents in your case. You must state a specific dollar amount (the "sum certain"), and that number effectively caps your administrative recovery. Set it too low and you leave money on the table. Fail to file it at all — or file it with the wrong agency — and your claim is dead before it starts.
The Two-Year Clock
The FTCA's two-year statute of limitations begins running from the date the claim accrues, which is typically the date of injury or the date you reasonably should have discovered the injury. Unlike many state statutes, there is very limited tolling. Missing this deadline by even one day means your claim is permanently barred. Use our FTCA deadline calculator to understand your timeline.
Bench Trial Strategy
Because FTCA cases are decided by a judge — not a jury — trial preparation and presentation must be adapted accordingly. Judges evaluate evidence differently than juries. The emotional narrative that might persuade a jury is less effective in a bench trial; what matters is methodical presentation of expert testimony, medical records, and legal authority. An experienced FTCA attorney knows how to build a case for a federal judge.
Government Resources
The United States is represented by the Department of Justice, which has dedicated teams of experienced trial attorneys defending federal tort claims. These are not insurance adjusters looking to settle quickly — they are skilled litigators with access to government-retained medical experts and virtually unlimited defense resources. You need counsel who has gone up against DOJ before and knows their playbook.
What to Look for in an FTCA Lawyer
Not all personal injury attorneys are equipped to handle federal tort claims. When evaluating FTCA attorneys, look for:
Federal court experience. FTCA lawsuits are filed in U.S. District Court. Your attorney should have significant experience litigating in federal court — not just state court — and should understand federal procedural rules, evidence standards, and judicial expectations.
Medical knowledge. The majority of FTCA cases involve medical malpractice. An attorney who understands medicine — or better yet, has medical training — can evaluate the merits of your claim, identify the standard of care, and communicate effectively with medical experts. This is why having a doctor-attorney on your team matters.
Government-side perspective. Understanding how the government evaluates, defends, and values FTCA claims gives your attorney a strategic advantage. A lawyer who has worked within the federal claims system knows which arguments resonate with government decision-makers and how to position your case for maximum recovery.
Nationwide practice. Because FTCA cases are filed in federal court and governed by the law of the state where the injury occurred, your attorney should be able to handle cases in any jurisdiction. Veterans receive care at VA facilities across the country — your attorney should not be limited to one state.
The Archuleta Law Firm — FTCA Specialists
The Archuleta Law Firm is not a general practice firm that occasionally handles FTCA cases. Federal tort claims are what we do — exclusively and relentlessly.
Michael "EJ" Archuleta, II, M.D., J.D. — Our founding attorney holds both a medical degree and a law degree. Before becoming an attorney, Dr. Archuleta spent 28 years in the U.S. Army Claims Service, where he adjudicated FTCA claims from the government's side. He has evaluated thousands of federal tort claims, and he knows exactly how the government assesses liability, values damages, and decides which cases to settle and which to fight.
That dual perspective — medical doctor and former government claims adjudicator turned plaintiffs' attorney — is unmatched in FTCA practice.
Our team also includes a registered nurse who assists in case evaluation, medical record analysis, and expert witness coordination. When you bring your case to the Archuleta Law Firm, your claim is evaluated by people who understand both the medicine and the law.
Track record: Over $145 million recovered across 600+ federal tort claims cases. We have secured some of the largest FTCA medical malpractice verdicts and settlements in the history of the statute.
Meet our doctor-attorney team and see our case results.
Types of FTCA Claims We Handle
The Federal Tort Claims Act covers a broad range of negligence claims against the federal government. Our firm handles cases involving:
VA Hospital Medical Malpractice
The Department of Veterans Affairs operates the largest healthcare system in the country. When VA hospital malpractice under the FTCA occurs — whether through misdiagnosis, surgical errors, medication mistakes, or failure to treat — veterans and their families have the right to seek compensation.
Military Treatment Facility Claims
Active-duty servicemembers and their dependents receive care at military hospitals and clinics operated by the Army, Air Force, and Navy. When negligence at these facilities causes injury, the FTCA provides a path to recovery. Since the 2020 amendments, active-duty medical malpractice claims at military treatment facilities have a dedicated administrative process through the Department of Defense.
Wrongful Death Claims
When federal medical negligence results in death, surviving family members may file FTCA wrongful death claims. These cases can recover damages for loss of companionship, future earnings, funeral expenses, and the pain and suffering experienced by the decedent before death.
Birth Injury Claims
VA birth injury cases are among the most devastating FTCA claims we handle. When negligent prenatal care, labor management, or delivery at a federal facility results in injuries such as cerebral palsy, brachial plexus injuries, or hypoxic-ischemic encephalopathy, the lifelong costs can be enormous.
Surgical Errors and Misdiagnosis
Surgical errors at VA and military hospitals — wrong-site surgery, retained surgical instruments, anesthesia errors — and diagnostic failures including delayed cancer diagnosis, missed cardiac events, and failure to order appropriate imaging are among the most common FTCA medical malpractice claims.
Other Federal Negligence
Beyond medical malpractice, the FTCA covers motor vehicle accidents involving federal employees, premises liability on federal property (military bases, VA campuses, federal buildings), U.S. Postal Service accidents, and negligence at Bureau of Prisons and Indian Health Service facilities.
The FTCA Claims Process Step by Step
Filing a federal tort claim is a multi-stage process with strict procedural requirements at every step. Here is how it works:
Step 1: Free Case Consultation
Contact an experienced FTCA attorney for a case evaluation. At the Archuleta Law Firm, our doctor-attorney reviews the medical and legal merits of your claim during a free, no-obligation consultation. This initial review determines whether federal negligence likely caused your injury and whether your claim falls within the FTCA's coverage.
Step 2: Investigation and Evidence Gathering
Your legal team collects medical records, consults with medical experts, reviews applicable state law (which governs the standard of care), and builds the evidentiary foundation for your claim. For VA and military malpractice cases, this often involves obtaining records from the Department of Veterans Affairs or Department of Defense — a process that can take months.
Step 3: File Standard Form 95
The Standard Form 95 (SF-95) must be filed with the appropriate federal agency before the two-year statute of limitations expires. The form must include a detailed description of the incident, your injuries, and a specific dollar amount (sum certain). The SF-95 must be received by the agency — not merely mailed — before the deadline. Use our FTCA deadline calculator to check your timeline.
Step 4: Agency Review Period (6 Months)
Once the SF-95 is filed, the responsible agency has 6 months to investigate your claim and respond. During this period, the agency may request additional documentation, conduct its own medical review, or engage in settlement negotiations.
Step 5: Denial or Failure to Respond
If the agency denies your claim or fails to respond within 6 months, you may proceed to litigation. A formal denial letter triggers a 6-month window to file suit in federal court. If the agency simply does not respond, you may treat the silence as a constructive denial after the 6-month review period expires.
Step 6: Federal Court Lawsuit
If the administrative claim does not result in a satisfactory settlement, your attorney files a lawsuit in U.S. District Court. The case proceeds through discovery, expert depositions, and pretrial motions. Because FTCA cases are bench trials, there is no jury selection — the case is presented directly to a federal judge.
Step 7: Trial or Settlement
Most FTCA cases settle before trial, but settlement negotiations are informed by the strength of your litigation position. When settlement is not possible, the case goes to trial before a federal judge who issues findings of fact and conclusions of law.
FTCA Claims Process Timeline
| Stage | Typical Duration | Key Deadline |
|---|---|---|
| SF-95 Filing | 1–3 months (preparation) | 2 years from injury (hard deadline) |
| Agency Review | 6 months | Agency must respond within 6 months |
| Post-Denial Filing | 1–2 months | 6 months from denial letter |
| Federal Litigation | 12–30 months | Court-dependent scheduling |
| Total (typical) | 18 months – 4 years | Varies by complexity |
FTCA vs. State Malpractice Claims
Federal tort claims differ from state malpractice lawsuits in several critical ways:
FTCA vs. State Medical Malpractice — Key Differences
| Feature | FTCA Claim | State Malpractice Claim |
|---|---|---|
| Defendant | United States of America | Individual doctor / hospital |
| Court | Federal district court only | State court (usually) |
| Jury | No — bench trial before a judge | Yes — jury trial available |
| Punitive damages | Prohibited | Available in most states |
| Pre-suit requirement | SF-95 administrative claim (mandatory) | Varies by state (some require notice) |
| Statute of limitations | 2 years (3 for active-duty in some cases) | Varies by state (1–6 years) |
| Attorney fee cap | 20% admin / 25% litigation | No federal cap (state rules vary) |
| Governing law | State law where act occurred | State law |
Understanding these differences is critical because the wrong procedural choice can eliminate your claim entirely. If your injury occurred at a federal facility, the FTCA is your exclusive remedy — you cannot sue the individual doctor or the VA hospital in state court. For a deeper comparison, read our guide on FTCA vs. state negligence suits.
How Much Can You Recover?
FTCA damages are compensatory — designed to make you whole for the losses caused by federal negligence. While punitive damages are prohibited, the recoverable damages can be substantial:
- Past and future medical expenses — Including surgery, rehabilitation, ongoing care, medication, adaptive equipment, and life-care planning
- Lost wages and earning capacity — Both past income lost and future earning potential diminished by your injury
- Pain and suffering — Physical pain and emotional distress caused by the injury
- Loss of consortium — Impact on spousal and family relationships
- Wrongful death damages — Funeral expenses, loss of financial support, loss of companionship
The Archuleta Law Firm has recovered over $145 million for clients across 600+ FTCA cases, including some of the largest FTCA medical malpractice verdicts and settlements in the history of the statute. The value of your case depends on the severity of your injuries, the strength of the liability evidence, and the applicable state law.
FTCA Attorney Fees — How Contingency Works
One of the most common questions we hear is whether FTCA attorney fees are affordable. The answer is yes — and here is why:
Contingency fee basis. The Archuleta Law Firm works on a contingency fee, which means you pay no attorney fees unless we recover compensation for you. There is no upfront cost for a case evaluation, and no hourly billing.
Statutory fee caps. Under 28 U.S.C. § 2678, FTCA attorney fees are capped by federal law:
- 20% of the recovery during the administrative claims stage
- 25% of the recovery once a lawsuit is filed in federal court
These caps are significantly lower than the typical 33–40% contingency fee charged in private personal injury cases. The fee cap protects claimants while ensuring experienced counsel can still take on complex FTCA cases.
No fee if no recovery. If we do not recover compensation for you, you owe us nothing. The financial risk is on us — not on you.
Frequently Asked Questions
While the FTCA does not legally require an attorney, the procedural complexity makes professional representation critical. You must file Standard Form 95 with the correct agency, include a specific dollar amount (sum certain), and meet a strict two-year statute of limitations — errors on any of these can permanently bar your claim. Analysis of Treasury Judgment Fund data shows claimants represented by the Archuleta Law Firm received an average settlement nearly 4x higher than unrepresented claimants.
Most FTCA cases take 18 months to 4 years from initial SF-95 filing to resolution. After filing the administrative claim, the government has 6 months to investigate. If denied, you have 6 months to file suit in federal court. Litigation timelines depend on case complexity, discovery, and whether the government engages in settlement negotiations.
You must file your administrative claim (Standard Form 95) within two years of the date the claim accrued — typically the date of injury or when you reasonably should have discovered the injury. Active-duty servicemembers have three years under certain circumstances. Missing this deadline permanently bars your claim.
You cannot sue the VA directly as a named defendant. Under the FTCA, the United States government is the defendant. However, the practical effect is the same: if you were injured by negligent care at a VA facility, you can recover damages from the federal government through the FTCA process.
Standard Form 95 (SF-95) is the official U.S. Government form required to initiate an FTCA claim. It requires a detailed description of the incident, the injuries, and a specific dollar amount (sum certain). The SF-95 must be received by the appropriate agency before the two-year statute of limitations expires.
Yes, with limitations. The Feres Doctrine historically barred active-duty claims for injuries incident to service. However, 2020 FTCA amendments created a new administrative claims process for medical malpractice at military treatment facilities, filed through the Department of Defense.
If the government denies your claim, you have exactly 6 months from the denial letter to file a lawsuit in federal district court. If the government fails to respond within 6 months, you may treat the silence as a constructive denial and proceed to litigation.
No. The FTCA explicitly prohibits punitive damages. You can recover compensatory damages — medical expenses, lost wages, pain and suffering, loss of consortium, and wrongful death damages — but not punitive damages.
Yes. Under 28 U.S.C. Section 2678, fees are capped at 20% during the administrative stage and 25% once a lawsuit is filed. These caps are lower than typical personal injury contingency fees of 33–40%. The Archuleta Law Firm works on contingency — no fee unless we win.
Yes. We represent clients in all 50 states, U.S. territories, and on overseas military installations. Because FTCA cases are filed in federal court, we can handle cases regardless of where the injury occurred.
Get Your Free FTCA Case Review
If you or a family member was injured by federal negligence — at a VA hospital, a military treatment facility, or any other federal institution — you may have a valid claim under the Federal Tort Claims Act. The Archuleta Law Firm has the experience, the medical expertise, and the track record to fight for your rights.
Explore state-specific FTCA resources to learn more about filing a federal tort claim in your jurisdiction.