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 under 28 U.S.C. § 2401(b) (also two years for active-duty claims under 10 U.S.C. § 2733a)
- 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.
What Is a VA Tort Claim?
A VA tort claim is the administrative claim a veteran or family member must present to the Department of Veterans Affairs before suing the United States for negligent VA medical care. It is not a separate remedy from an FTCA claim — it is the FTCA claim, at its first stage. VA runs it under its own regulation, 38 C.F.R. § 14.604, inside the framework of 28 U.S.C. §§ 1346(b)(1), 2401(b) and 2671–2680.
The terminology matters only because it changes where the paperwork goes. "VA tort claim," "SF-95 claim against the VA," and "FTCA administrative claim" all describe the same filing. What VA's regulation adds — and what catches people out — are three VA-specific rules that the general FTCA statutes do not spell out.
Where a VA tort claim is filed
Not at the hospital, and not at VA headquarters. Under 38 C.F.R. § 14.604(a), a claimant "will be advised to submit the executed claim directly to the Regional Counsel having jurisdiction of the area wherein the occurrence complained of took place." The controlling geography is where the negligence happened, not where the veteran lives now — a distinction that matters for anyone who has moved since the treatment, or who was treated at more than one facility. The same subsection is why VA furnishes SF 95, "Claim for Damage, Injury, or Death," to anyone who asks how to file.
If a claim reaches VA but involves employees of a different agency, § 14.604(a) directs VA to forward it to the VA General Counsel for handling under 28 C.F.R. § 14.2 rather than returning it — but do not rely on that as a filing strategy. The two-year presentment deadline in 28 U.S.C. § 2401(b) runs regardless of internal routing.
When VA treats the claim as presented
38 C.F.R. § 14.604(b) mirrors the government-wide presentment rule: a claim is deemed presented when VA receives from the claimant, a duly authorized agent, or a legal representative "an executed SF 95, or other written notification of an incident, together with a claim for money damages, in a sum certain."
The same subsection carries a proviso that surprises claimants who filed by letter: "before compromising or settling any claim, an executed SF 95 shall be obtained from the claimant." A sum-certain letter can stop the two-year clock. It will not, on its own, get the claim settled — VA will require the signed form before it pays.
Amending a VA tort claim restarts VA's six months
This is the rule most often missed. Under 38 C.F.R. § 14.604(c), a claim may be amended at any time before VA takes final action or before the claimant exercises the option under 28 U.S.C. § 2675(a). Amendments must be in writing and signed. But on the timely filing of an amendment, "the Department of Veterans Affairs shall have 6 months in which to make a final disposition of the claim as amended and the claimant's option under 28 U.S.C. 2675(a) shall not accrue until 6 months after the filing of the amendment."
In plain terms: amending your claim — including raising the sum certain — hands VA a fresh six-month review period and postpones the date you may treat silence as a denial and go to court. That is sometimes the right trade and sometimes not. It is a decision to make deliberately, with counsel, rather than by accident five months into a review.
VA tort claim — the VA-specific rules in 38 C.F.R. § 14.604
| Question | What the regulation says | Authority |
|---|---|---|
| Where does the claim go? | The VA Regional Counsel with jurisdiction over the area where the incident occurred | 38 C.F.R. § 14.604(a) |
| What form? | SF 95, Claim for Damage, Injury, or Death — furnished by VA on request | 38 C.F.R. § 14.604(a) |
| When is it presented? | When VA receives an executed SF 95 or other written notice of the incident with a claim for money damages in a sum certain | 38 C.F.R. § 14.604(b) |
| Can VA settle without the form? | No — an executed SF 95 must be obtained before VA compromises or settles any claim | 38 C.F.R. § 14.604(b) |
| What does amending cost? | VA gets a fresh 6 months to decide, and the right to sue on agency silence does not accrue until 6 months after the amendment | 38 C.F.R. § 14.604(c) |
| How long to present? | Two years from the date the claim accrues | 28 U.S.C. § 2401(b) |
Who Can File an FTCA Claim
Not everyone injured by federal negligence is the person who may present the claim. The Department of Justice regulation that governs FTCA presentment names the eligible parties directly:
- Personal injury — the claim "may be presented by the injured person, his duly authorized agent, or legal representative" (28 C.F.R. § 14.3(b)).
- Death — the claim "may be presented by the executor or administrator of the decedent's estate, or by any other person legally entitled to assert such a claim in accordance with applicable State law" (28 C.F.R. § 14.3(c)). Who that is depends on the wrongful-death statute of the state where the negligence occurred, which is also the law that governs liability under 28 U.S.C. § 1346(b)(1).
- Injury to or loss of property — the claim "may be presented by the owner of the property, his duly authorized agent or legal representative" (28 C.F.R. § 14.3(a)).
Where an agent or legal representative signs, 28 C.F.R. § 14.2(a) requires the submission to state the signer's title or legal capacity and to include evidence of authority to present the claim on the claimant's behalf.
Whether a particular family member is "legally entitled to assert" a death claim in a particular state is a legal question that turns on that state's statute — it is one of the first things a federal tort claims attorney should confirm before the SF-95 is signed.
Administrative Exhaustion — What 28 U.S.C. § 2675(a) Requires
The FTCA does not let an injured person start in court. 28 U.S.C. § 2675(a) provides that an action "shall not be instituted upon a claim against the United States for money damages … unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail."
The same subsection supplies the escape hatch when the agency does nothing: the failure of an agency to make final disposition of a claim within six months after it is filed "shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim for purposes of this section."
Two consequences follow, and both are where claims are lost:
Presentment means RECEIPT of a sum-certain claim. Under 28 C.F.R. § 14.2(a), a claim is deemed presented when the federal agency receives from the claimant, a duly authorized agent, or a legal representative "an executed Standard Form 95 or other written notification of an incident, accompanied by a claim for money damages in a sum certain." Mailing is not presenting, and a narrative letter with no dollar figure is not presenting. The VA's Office of General Counsel says the same thing in its own words: use of the SF-95 is not mandatory so long as the writing contains a detailed allegation, a sum certain, and the signature of the legal claimant or the attorney, and "a tort claim must be received by the proper agency within two years of the date the claim accrued" (VA OGC, Federal Tort Claims Act).
The sum certain caps the lawsuit. 28 U.S.C. § 2675(b) provides that an action "shall not be instituted for any sum in excess of the amount of the claim presented to the federal agency," except where the increase rests on newly discovered evidence not reasonably discoverable at the time of presentment, or on allegation and proof of intervening facts relating to the amount of the claim. The number written on the SF-95 is therefore a litigation decision, not paperwork.
The Two FTCA Deadlines — 28 U.S.C. § 2401(b)
One statute carries both deadlines, and it is written in the disjunctive — a claim is "forever barred" if either one is missed:
"A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented." — 28 U.S.C. § 2401(b)
The two FTCA deadlines and what starts each clock
| Deadline | Length | Clock starts | Authority |
|---|---|---|---|
| Present the administrative claim | 2 years | When the claim accrues | 28 U.S.C. § 2401(b) |
| File suit after a written denial | 6 months | Date of mailing of the notice of final denial, by certified or registered mail | 28 U.S.C. § 2401(b) |
| Agency silence (optional constructive denial) | 6 months from filing | Filing of the administrative claim | 28 U.S.C. § 2675(a) |
When a claim "accrues" is itself contested in medical cases, and the Supreme Court has held that the § 2401(b) deadlines are not jurisdictional and are subject to equitable tolling — United States v. Kwai Fun Wong, 575 U.S. 402 (2015) — but courts grant tolling rarely. Treat both periods as hard. Our FTCA deadline calculator works the dates for you, and our guide to the FTCA statute of limitations goes deeper on accrual.
Section 1151 Benefits vs. an FTCA Claim
Veterans harmed by VA care are often looking at two different remedies at once, and they are frequently confused with each other. They are not the same thing, and they are not decided by the same body.
38 U.S.C. § 1151 benefits compared with an FTCA claim
| Feature | Section 1151 benefits | FTCA claim |
|---|---|---|
| What it is | VA disability compensation for additional disability or death caused by VA care | A money-damages tort claim against the United States |
| Who decides | The Department of Veterans Affairs | The agency on the administrative claim, then a U.S. District Court judge |
| How it starts | A VA benefits claim | Presentment of an SF-95 / sum-certain written claim (28 C.F.R. § 14.2(a)) |
| What it pays | Monthly compensation, paid as if the disability were service-connected (38 U.S.C. § 1151(a)) | Compensatory damages under the law of the state where the act occurred (28 U.S.C. § 1346(b)(1)) |
| Governing authority | 38 U.S.C. § 1151 | 28 U.S.C. §§ 1346(b), 2401(b), 2671–2680 |
38 U.S.C. § 1151 provides that compensation "shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected." The statute limits that to disability or death that is not the result of the veteran's willful misconduct and that was caused by VA hospital care, medical or surgical treatment, or examination, where the proximate cause was VA fault (carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault) or an event not reasonably foreseeable. VA explains the benefit for claimants on its own site under Title 38 U.S.C. 1151 disabilities.
The two remedies interact — this is the part that surprises people. Under 38 U.S.C. § 1151(b), where an individual is awarded a judgment against the United States in a civil action brought under 28 U.S.C. § 1346(b), or enters into a settlement or compromise under 28 U.S.C. § 2672 or § 2677, on account of the same disability or death, no benefits are paid for any month beginning after that judgment, settlement, or compromise becomes final until the aggregate amount of benefits that would otherwise have been paid equals the total amount included in it.
In plain terms, the statute makes the Section 1151 payments stop for a period after an FTCA recovery on the same disability or death, resuming once the withheld benefits add up to the amount included in that judgment, settlement, or compromise. How that offset applies to a particular veteran — and whether to pursue one remedy, the other, or both, and in what order — is a case-specific question that depends on the facts, the timing, and the amounts involved. It is worth working through with counsel before anything is filed.
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, tolling is very limited: the Supreme Court held in United States v. Kwai Fun Wong, 575 U.S. 402 (2015), that the § 2401(b) deadlines are not jurisdictional and may be equitably tolled, but courts allow it only rarely. Assume that missing this deadline by even one day will bar your claim. 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 (28 U.S.C. § 2401(b)) | 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.
Do You Need a VA Tort Claim Attorney?
No statute requires a lawyer to file a VA tort claim. Veterans present SF-95s on their own every year, and some are paid. Whether representation is worth it turns on three things that are decided very early in the claim, usually before a veteran realizes a decision is being made at all.
The sum certain is a one-way door. 28 U.S.C. § 2675(b) bars a later lawsuit "for any sum in excess of the amount of the claim presented to the federal agency," except on newly discovered evidence or proof of intervening facts. The number written on the SF-95 caps the case. Valuing future care, lost earning capacity and a life-care plan is expert work, and it has to be done before the form is signed — not after VA responds.
Accrual is contested in medical cases. The two-year presentment period in 28 U.S.C. § 2401(b) runs from when the claim accrues, which in a misdiagnosis or delayed-diagnosis case is rarely the date of treatment. Getting that date wrong in either direction either forfeits the claim or files it before the medical record supports it.
Amendment and timing decisions have consequences. As set out above, amending under 38 C.F.R. § 14.604(c) restarts VA's six-month clock. Choosing whether to amend, when to exercise the § 2675(a) option on agency silence, and whether to pursue 38 U.S.C. § 1151 benefits alongside or instead of a tort claim are strategic calls with an offset provision attached.
What representation costs is capped by statute. 28 U.S.C. § 2678 limits attorney fees in FTCA matters to 20% of an administrative settlement and 25% of a recovery after suit is filed — below the 33–40% typical in private personal injury work. Congress set that cap precisely so that claimants against the government could afford counsel.
A VA tort claim attorney is most valuable before the SF-95 is filed, and least able to help after a deadline has passed. If you are near either the two-year presentment date or the six-month post-denial date, that is the reason to call rather than a reason not to.
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
A VA tort claim is the administrative claim a veteran or family member must present to the Department of Veterans Affairs before suing the United States over negligent VA medical care. It is not a separate remedy from an FTCA claim — it is the FTCA claim at its first stage, governed by 28 U.S.C. §§ 1346(b)(1), 2401(b) and 2671–2680 and by VA's own regulation at 38 C.F.R. § 14.604. It must be presented within two years of the date the claim accrues.
Under 38 C.F.R. § 14.604(a), the executed claim goes directly to the VA Regional Counsel having jurisdiction of the area where the incident occurred — not the treating hospital, and not VA headquarters. What controls is where the negligent care happened, not where the veteran lives now. VA furnishes SF 95, Claim for Damage, Injury, or Death, to anyone who asks how to file.
Yes. Under 38 C.F.R. § 14.604(c) a claim may be amended any time before VA takes final action — but on the timely filing of an amendment VA gets a fresh six months to decide, and your option under 28 U.S.C. § 2675(a) to treat silence as a denial does not accrue until six months after the amendment. Amending, including raising the sum certain, postpones the date you may file suit.
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 filing with the Department of Defense under 10 U.S.C. § 2733a(b)(4) also have two years. Missing this deadline will usually bar your claim permanently.
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.
