You’ve filed your Federal Tort Claims Act (FTCA) claim. You did everything right—gathered evidence, completed the SF-95, and submitted it to the right agency. But now months have gone by, and you’re still waiting.

If it’s been more than six months (180 days) and you haven’t received a response, you’re not alone. Many federal agencies take longer than they should to investigate or respond to claims. The good news? You have options—and serious leverage.

At National Security Law Firm, our goal in every case is simple: to maximize your settlement or judgment. When the government delays, we turn that delay into a strategic advantage for you.

What the 180-Day Rule Means Under the FTCA

Under the Federal Tort Claims Act, once you file an administrative claim with the federal agency responsible for your injury, the agency has six months to make a decision.

That six-month (180-day) period begins the day your SF-95 claim is received. During that time, the agency can:

  • Investigate your claim and offer a settlement,

  • Deny your claim in writing, or

  • Do nothing at all.

If the agency hasn’t issued a written decision by the end of 180 days, you have the right to treat the silence as a denial and move forward with a federal lawsuit.

Your Two Options After 180 Days

Once the 180-day window closes, you’re at a crossroads. You can:

1. File a Federal Lawsuit

You don’t have to wait for a formal denial. The law allows you to file suit in federal district court as soon as the 180 days have passed.

This option is often best when:

  • Your injuries are severe and time-sensitive.

  • The agency has stopped communicating or shows no intent to settle.

  • You want to send a message that you’re serious about getting justice.

At this stage, your case moves into litigation—handled by the U.S. Attorney’s Office on behalf of the government. Our attorneys are former federal and military litigators who know their tactics and how to win against them.

Filing suit early can apply pressure that leads to faster, higher-value settlements. NSLF uses this leverage strategically to maximize your recovery.

2. Continue Negotiating With the Agency

If you’re in active settlement talks, it may make sense to wait a bit longer before filing suit. Even after 180 days, you can still settle your claim directly with the agency—sometimes faster and with lower legal costs.

This approach may work best when:

  • The agency is showing genuine progress toward resolution.

  • Your claim involves clear liability (e.g., VA surgical error, postal truck collision).

  • The potential settlement value is within a reasonable range.

Our FTCA lawyers evaluate each case individually. We’ll calculate your damages, assess your leverage, and determine whether waiting or litigating will lead to the highest possible outcome.

Strategic Tip: Don’t Let Delay Cost You More Time

Even if you choose to wait beyond 180 days, you don’t have unlimited time. Once you receive an official denial letter, you have only six months from the date of that denial to file your lawsuit.

Miss that deadline, and your case is over—forever.

That’s why we track every case like clockwork. Our team files claims early, monitors deadlines, and acts decisively when the government stalls. Delays don’t intimidate us—they motivate us to act.

How NSLF Uses Delays to Your Advantage

When agencies miss the 180-day deadline, we turn it into a tactical opportunity:

  • Pressure leverage: The threat of litigation often motivates faster settlements.

  • Evidence development: We continue gathering expert reports and medical opinions while the government stalls—strengthening your case.

  • Interest accrual: In some cases, the delay can increase the damages owed once the claim resolves.

  • Negotiation readiness: By the time the agency acts, our case is fully developed and ready for trial—positioning you for maximum recovery.

At National Security Law Firm, we treat every day of government delay as a chance to build more value into your case.

Why Choose National Security Law Firm

Filing an FTCA claim is only half the battle. Knowing when and how to act after 180 days requires experience, timing, and federal courtroom skill.

Families across the country choose National Security Law Firm because:

  • ⭐ 4.9-star Google reviews from clients nationwide (read them here)

  • 🪖 Former federal and military attorneys who know how government lawyers think

  • ⚖️ Nationwide representation from Washington, D.C.—the hub of federal law

  • 💸 Transparent pricing and legal financing through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 And most importantly: We fight to maximize your settlement or judgment—because every dollar matters when the government causes you harm.

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 has been sitting unanswered for more than six months, it’s time to take control.

Our attorneys will review your case, explain your options, and help you decide whether to file suit or continue negotiating—all with one goal in mind: getting you the largest possible recovery.

📞 Call 202-600-4996 or book your free consultation online.
It’s quick, easy, and completely free.

Learn More About FTCA Claims

For in-depth guides, filing tips, and real-world case examples, visit our FTCA Resource Center.

You’ll find answers to:

  • What happens after filing an SF-95?

  • How much time do you have to sue the government?

  • What kinds of damages can you recover?

  • How to maximize your FTCA settlement or judgment.

Whether your injury happened at a VA hospital, post office, or national park, our Resource Center breaks down every step to protect your rights and strengthen your case.

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