If you’ve been injured on a military base, aboard a federal vessel, or by a federal employee, you may have heard of three different laws that sound confusingly similar:
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The Federal Tort Claims Act (FTCA)
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The Military Claims Act (MCA)
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The Admiralty Claims Act (ACA)
All three allow people to seek compensation from the federal government for negligence—but they apply in different situations and have very different rules.
At National Security Law Firm (NSLF), our attorneys are former military and federal government lawyers who’ve handled these cases from both sides. We understand exactly when each law applies—and how to use it to maximize your recovery.
Understanding the Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act (FTCA) is the main law that allows civilians, contractors, and even off-duty service members to sue the United States for negligence by federal employees.
It’s the backbone of government liability law, covering incidents like:
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VA hospital malpractice
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Postal truck accidents
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Slip-and-fall injuries at post offices, airports, or federal buildings
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Civilian injuries on military bases
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TSA or law enforcement negligence
Key Features of the FTCA
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Who can file: Civilians, dependents, contractors, and veterans
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Who can’t: Active-duty service members injured “incident to service” (barred by the Feres Doctrine)
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Process: File an SF-95 administrative claim → wait 6 months → sue in federal court if denied
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Damages: Medical bills, lost wages, pain and suffering, and wrongful death compensation
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Attorney fees: 20% (settlement) / 25% (litigation) cap
Example:
A civilian contractor falls on a poorly maintained walkway at a naval base. Because the negligence involved government property and a federal employee’s maintenance duties, the claim proceeds under the FTCA.
Understanding the Military Claims Act (MCA)
The Military Claims Act (10 U.S.C. § 2733) provides a separate process for certain injuries caused by military personnel or civilian employees of the Department of Defense (DoD)—especially when the FTCA doesn’t apply.
Unlike the FTCA, the MCA does not allow you to sue the government in court.
It’s an administrative compensation system only, with decisions made by the branch of service involved (Army, Navy, Air Force, Marine Corps, or Space Force).
Key Features of the MCA
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Who can file: Civilians, dependents, and non-active-duty individuals harmed by military negligence
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Who can’t: Active-duty service members (still barred by the Feres Doctrine)
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Process: File directly with the military branch claims office; they investigate and may offer compensation
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Damages: Limited to economic losses and pain and suffering—no punitive damages
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No lawsuit: You cannot appeal in federal court; administrative decision is final
Example:
A dependent spouse injured in a car accident caused by a service member driving a government vehicle on base may file under the MCA if FTCA jurisdiction doesn’t exist—for instance, if the incident occurred overseas.
When the MCA Applies Instead of the FTCA
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Injuries occurring outside the United States
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Claims arising in combat zones or foreign territories
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Cases where FTCA jurisdiction is excluded by law (e.g., foreign country exception)
The MCA acts as a gap-filler, providing relief when the FTCA cannot be used—but it’s more limited and often less favorable to claimants.
Read more about the Military Claims Act here.
Understanding Admiralty and Maritime Claims (Public Vessels Act & Admiralty Extension Act)
For sailors, shipyard workers, contractors, and civilians injured on or near federal vessels or waterways, there’s a third category: Admiralty or Maritime Claims.
These claims are typically brought under two laws:
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The Public Vessels Act (46 U.S.C. § 31101)
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The Admiralty Extension Act (46 U.S.C. § 30101)
Together, they allow individuals to seek damages when injuries occur:
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Aboard federal or military ships
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During maintenance or loading operations
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From negligent operation of a government vessel
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Or when a federal vessel causes injury on land (like a Navy ship striking a pier)
Key Features of Admiralty Claims
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Who can file: Sailors, civilian mariners, longshore workers, shipyard contractors, and passengers
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Process: File a claim with the U.S. Navy’s Admiralty Claims Office or U.S. Coast Guard Legal Office
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Statute of limitations: Usually 2 years from the date of injury
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Court: Federal district court, bench trial only (no jury)
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Damages: Medical expenses, lost wages, and pain and suffering; no punitive damages
Example:
A civilian dockworker is injured by negligent cargo handling on a Navy ship. Because the incident occurred on navigable waters involving a government vessel, the claim proceeds under the Admiralty Extension Act.
Read more about Admiralty Claims here.
FTCA vs. MCA vs. Admiralty Claims — Side-by-Side Comparison
| Feature | Federal Tort Claims Act (FTCA) | Military Claims Act (MCA) | Admiralty/Maritime Claims |
|---|---|---|---|
| Who Can File | Civilians, dependents, veterans, contractors | Civilians & dependents (not active-duty) | Sailors, shipyard workers, passengers |
| Who Can’t File | Active-duty service members (Feres Doctrine) | Active-duty service members | Combat-related injuries, foreign enemy actions |
| Where It Applies | U.S. soil, federal property, domestic agencies | U.S. and overseas military bases | Federal vessels or waterways |
| Can You Sue in Court? | Yes (federal district court) | No (administrative decision only) | Yes (federal admiralty jurisdiction) |
| Filing Form | SF-95 | Service-specific claim form | Admiralty Claim Form (Navy/Coast Guard) |
| Damages | Medical, wages, pain & suffering | Economic + limited pain & suffering | Medical, wages, pain & suffering |
| Punitive Damages? | ❌ No | ❌ No | ❌ No |
| Attorney Fees Capped? | Yes (20–25%) | Yes | Yes |
| Jury Trial? | ❌ No | ❌ No | ❌ No |
| Best For | Civilian injuries on federal property | Base-related injuries overseas | Maritime or ship-related injuries |
Which One Applies to You?
If you’re not sure which law governs your situation, start here:
✅ FTCA: You were injured inside the U.S. by a federal employee (e.g., VA doctor, postal driver, TSA agent).
✅ MCA: You were injured on a U.S. military base overseas or by a service member’s negligence outside U.S. borders.
✅ Admiralty: You were injured on a Navy ship, Coast Guard vessel, or federal dockyard—on or near the water.
The right statute determines your filing deadline, your rights, and your compensation potential.
Filing under the wrong one can destroy your claim before it begins.
How National Security Law Firm Helps
At National Security Law Firm, we know these systems inside and out—because we used to work within them.
Our attorneys include former military JAG officers, federal agency litigators, and maritime counsel who understand every procedural nuance of FTCA, MCA, and Admiralty claims.
Here’s how we help you win:
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Determine the correct statute and jurisdiction for your case
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File all administrative claims properly and on time (e.g., SF-95, MCA forms, or Admiralty notices)
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Use FOIA requests to uncover hidden records, safety violations, and internal investigations
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Quantify damages precisely using expert economic and medical evaluations
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Negotiate and litigate aggressively to maximize your settlement or judgment
Our goal is simple: get you the highest recovery the law allows.
Why Choose National Security Law Firm
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💼 Former federal and military attorneys who’ve handled these claims from the inside
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⚖️ Deep experience in FTCA, MCA, and Admiralty litigation
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💰 Transparent fees with Financing Options through Affirm
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🌎 Nationwide Representation with headquarters in Washington, D.C.
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🎯 Singular mission: maximize your settlement or judgment
National Security Law Firm: It’s Our Turn to Fight for You.
Ready to Take the Next Step?
If you were injured on a military base, federal ship, or federal property, don’t risk filing under the wrong system.
Our attorneys will analyze your case for free, identify the correct statute, and develop a step-by-step strategy to get you compensated.
📞 Call 202-600-4996 or Book Your Consultation Now.
Learn More About FTCA Claims
For comprehensive guides, case examples, and filing tips, visit our FTCA Resource Center — the most detailed source online for understanding your rights under the Federal Tort Claims Act.
National Security Law Firm: It’s Our Turn to Fight for You.