You took the time to file your Federal Tort Claims Act (FTCA) claim. You filled out the SF-95, gathered evidence, and waited months for an answer—only to receive a denial letter from the agency.

It’s frustrating and discouraging, but it’s not the end of your case. Many strong FTCA claims are denied at first, often for reasons that can be challenged and overturned.

At National Security Law Firm, we help clients every day who’ve been denied by the government. Our attorneys know the next move, the deadlines that matter, and the strategies that get results.

If your FTCA claim has been denied, here’s what you need to know—and what to do next.

Understanding FTCA Denials

When a federal agency denies your claim, it usually sends a final denial letter stating that your claim is rejected and why. Common reasons include:

  • Missing or incomplete information on the SF-95

  • No sum certain (specific dollar amount requested)

  • The wrong agency received the claim

  • The agency believes its employee wasn’t negligent

  • The government claims an exception applies (like the discretionary function or intentional tort exception)

The good news: the denial doesn’t close the door on your case. In fact, it gives you a clear right to take the next step—filing a lawsuit in federal court.

Your Right to File in Federal Court

Once you receive a final denial, the FTCA gives you six months from the mailing date of that letter to file a lawsuit in federal district court.

This is called “exhausting administrative remedies.” It means you can’t sue the government until you’ve given the agency a chance to review your claim. Once they deny it (or fail to respond within six months), you’ve met that requirement and can move forward.

Missing this six-month deadline means losing your right to sue permanently—no extensions, no exceptions.

That’s why timing is critical. If your denial letter is even a few weeks old, contact an experienced Federal Tort Claims Act lawyer immediately to preserve your rights.

Should You Appeal or Sue?

Technically, you have two options after a denial:

  1. Ask the agency to reconsider your claim, or

  2. File a lawsuit in federal court.

Reconsideration requests must be filed within six months of the denial, just like a lawsuit. While they can sometimes lead to a settlement, most agencies simply reaffirm their denial.

At National Security Law Firm, we typically recommend moving forward with a federal lawsuit unless there’s a compelling reason to stay within the agency. Litigation sends a clear message that you’re serious—and gives you access to discovery, subpoenas, and a federal judge.

What Happens When You File Suit

Once your case moves to federal court, it follows a predictable path:

  1. Complaint Filed – You sue the United States, not the individual agency or employee.

  2. Government Responds – The Department of Justice (DOJ) defends the case on behalf of the United States.

  3. Discovery Phase – Both sides exchange evidence, documents, and testimony under oath.

  4. Settlement or Trial – Many cases settle once the government sees the evidence. If not, your case is decided by a federal judge (no jury).

FTCA litigation requires deep knowledge of federal procedure and government defense tactics. That’s why hiring attorneys who’ve worked inside federal agencies can give you a decisive advantage.

How National Security Law Firm Helps After a Denial

When the government denies your claim, our attorneys go to work immediately:

  • Reviewing the agency’s reasoning for denial

  • Obtaining internal documents through FOIA requests

  • Re-evaluating your evidence to strengthen the case

  • Filing your lawsuit within the strict 6-month deadline

  • Negotiating with DOJ attorneys for settlement or preparing for trial

Our team handles FTCA claims involving:

  • VA hospital malpractice

  • Postal service vehicle accidents

  • Slip-and-fall injuries at post offices and courthouses

  • TSA negligence at airports

  • National park injuries and federal property hazards

We know how to fight the government—because many of our lawyers used to work for it.

Common Mistakes After a Denial

After receiving a denial letter, many people unintentionally make errors that end their case for good. Avoid these at all costs:

  • Waiting too long and missing the 6-month filing window

  • Trying to re-file a new claim instead of appealing or suing

  • Failing to hire a lawyer familiar with FTCA litigation

  • Suing the wrong party (you must sue the United States)

  • Ignoring the agency’s stated reason for denial

Even strong cases can collapse if handled incorrectly. Let our attorneys step in, assess your options, and take over the process.

Why Choose National Security Law Firm

Taking on the federal government requires skill, precision, and experience. That’s what National Security Law Firm delivers.

  • 4.9-star Google Reviews from satisfied clients

  • Attorneys with federal and military backgrounds who’ve served inside the agencies we now litigate against

  • Nationwide representation from our headquarters in Washington, D.C.

  • Legal financing available through Pay Later by Affirm

  • Free consultations and contingency-based fees (you don’t pay unless we win)

When the government says “no,” we don’t back down.

National Security Law Firm: It’s Our Turn to Fight for You.

Ready to Take the Next Step? Let’s Talk.

If your FTCA claim was denied, don’t give up. The denial is just the beginning of the next battle—and our attorneys are ready to fight it for you.

📞 Call 202-600-4996 or book your free consultation online.

We’ll review your denial letter, explain your legal options, and take immediate steps to preserve your rights.

Learn More About FTCA Claims

For in-depth guides, examples, and next steps, visit our FTCA Resource Center to explore:

  • How to File an SF-95

  • What a “Sum Certain” Means

  • Common FTCA Mistakes

  • Who You Can Sue Under the FTCA

Don’t let a government denial be the final word. Let our team help you turn it into a victory.

National Security Law Firm: It’s Our Turn to Fight for You.