If you’ve been injured because of the negligence of a federal employee or while on federal property, the process of filing a claim against the U.S. government can seem overwhelming.
At National Security Law Firm, we make it simple. Our attorneys—many of whom served inside the same agencies we now hold accountable—wrote this detailed FAQ to help you understand your rights, deadlines, and next steps.

Below are the 30 most common questions about the FTCA, answered in plain English and backed by our insider experience.

1. What Is the Federal Tort Claims Act (FTCA)?

The Federal Tort Claims Act, or FTCA, is a law that allows individuals to sue the United States government for personal injury, property damage, or wrongful death caused by the negligence of a federal employee acting within the scope of their employment.

Before the FTCA, the government couldn’t be sued at all under the doctrine of “sovereign immunity.” The FTCA changed that, giving regular people a legal pathway to recover compensation when the government causes harm—just like a private party would.

2. Who Can File an FTCA Claim?

Anyone injured by a federal employee performing their official duties can file. This includes:

  • Private citizens

  • Lawful residents

  • Visitors and contractors on federal property

  • Veterans and family members harmed by VA negligence

However, active-duty service members cannot file for injuries “incident to service” because of the Feres Doctrine (explained later).

3. What Types of Cases Fall Under the FTCA?

The FTCA covers negligent acts by government employees, such as:

  • Medical malpractice at a VA hospital or military clinic

  • Car accidents caused by federal vehicles (like postal trucks or FBI cars)

  • Slip-and-fall accidents in post offices, courthouses, or other federal buildings

  • Injuries in national parks or federal recreation areas

  • Negligence by TSA or airport security during screening or inspections

  • Unsafe maintenance on military bases or federal housing

4. Can I Sue the Federal Government for Medical Malpractice?

Yes. If you were injured by negligent medical treatment at a federally operated facility—like a VA hospital—you may file an FTCA claim.
Your provider must be a federal employee (not an independent contractor).

Example:
If a VA doctor misdiagnoses cancer or a nurse administers the wrong medication, you may have a strong FTCA malpractice case.

5. What Is an SF-95 Form?

The SF-95 (Standard Form 95) is the official claim form that starts your FTCA case.
It’s not optional—your claim is invalid without it.

It must include:

  • A detailed description of what happened

  • The name of the responsible federal agency

  • The injuries and damages you suffered

  • A “sum certain” (the specific dollar amount you’re claiming)

👉 Download the SF-95 Form

6. What Is a “Sum Certain” Under the FTCA?

The “sum certain” is the exact total amount of money you’re demanding on your SF-95.
You must state a specific dollar figure—like $500,000—not “to be determined.”

Why it matters:
If your case later goes to court, you generally cannot recover more than the amount listed on your SF-95. That’s why estimating damages accurately is critical—and one of the key ways NSLF helps maximize your outcome.

7. How Long Do I Have to File an FTCA Claim?

You must file your SF-95 within two years of the date of the injury or when you discovered it (such as learning about a missed diagnosis).
If you miss this deadline, your claim will almost always be dismissed.

8. How Long Does the Government Have to Respond?

After your SF-95 is filed, the federal agency has six months to investigate and issue a decision—either a settlement offer or a denial letter.
If six months pass with no response, you can consider it a denial and move forward to court.

9. What Happens If My Claim Is Denied?

You have six months from the denial date to file a lawsuit in federal district court.
This is a hard deadline—if you miss it, your right to sue is gone forever.

10. What Kinds of Damages Can I Recover?

You can recover:

  • Medical expenses (past and future)

  • Lost income and reduced earning capacity

  • Pain and suffering

  • Property damage

  • Wrongful death damages for surviving family members

11. Can I Get Punitive Damages?

No. The FTCA allows compensation for actual losses only. You cannot seek punitive damages, even in cases of gross negligence.

12. Is There a Jury Trial in FTCA Cases?

No. FTCA lawsuits are decided by a federal judge, not a jury. That’s why preparation and legal strategy are critical—the strength of your written evidence often determines the outcome.

13. Can I Sue a Federal Employee Personally?

No. The United States substitutes itself as the defendant, meaning you sue the government, not the individual employee.
This protects federal workers from personal liability but ensures victims can still recover.

14. What If the Person Who Injured Me Was a Contractor?

The FTCA only applies to federal employees. If the negligent party was a contractor, you may need to pursue a private lawsuit unless the government exercised day-to-day control over the work.

Example:
A private janitorial company that fails to clean up a spill at a federal courthouse may be liable—but not the U.S. government.

15. Can I Sue for Assault, False Arrest, or Other Intentional Torts?

Usually no—but there’s an exception.
If the wrongful act was committed by a federal law enforcement officer (such as an FBI agent, border patrol officer, or DEA agent), you may be able to sue for assault, false imprisonment, or malicious prosecution.

16. What Is the Discretionary Function Exception?

This is one of the government’s favorite defenses.
It shields the United States from liability when an employee’s conduct involved policy-based judgment or discretion (for example, deciding how to allocate resources or design a program).

However, it does not apply to operational negligence—like a VA nurse leaving a surgical instrument inside a patient or a postal driver running a red light.
Learn more: The Discretionary Function Exception Explained (and How to Defeat It).

17. What Is the Feres Doctrine?

The Feres Doctrine bars active-duty service members from suing for injuries that arise “incident to military service.”
That means if you’re injured while on active duty, you generally can’t bring an FTCA case.

However, civilians, dependents, retirees, and veterans often can. Learn more in What Is the Feres Doctrine (and When It Doesn’t Apply).

18. How Much Can an FTCA Lawyer Charge?

Attorney fees are capped by law:

  • 20% of your settlement if resolved before court

  • 25% if the case goes to trial

At NSLF, we only get paid if you win.

19. How Much Is My FTCA Case Worth?

The value of your case depends on multiple factors:

  • The severity of your injuries

  • Your medical costs and long-term care needs

  • Lost wages and earning potential

  • The impact on your daily life and emotional well-being

Our attorneys analyze every variable to maximize your settlement or judgment.

20. How Long Does an FTCA Case Take?

It depends on the agency and complexity of your injuries. Most FTCA cases take 12–24 months from filing to resolution.
Cases involving serious injuries, medical experts, or court litigation can take longer—but often result in higher compensation.

21. What If I Was Injured on a Military Base?

If you’re a civilian, dependent, or contractor, you can often file under the FTCA for injuries on base—such as a fall at a commissary, housing accident, or car crash.
If you’re active duty, your claim may be barred by Feres.
See: Injured on a Military Base (Non-Service Members Only).

22. Can I Sue for Wrongful Death Under the FTCA?

Yes. The estate or surviving family members can file a wrongful death claim when federal negligence causes a loved one’s death.
Damages may include medical bills, funeral costs, loss of support, and emotional suffering.

23. Can I File for Property Damage?

Yes, if federal negligence destroyed or damaged your property—for example, a government vehicle hitting your car.
These cases are typically smaller but still require proper filing on an SF-95.

24. What Happens If the Government Misses the 180-Day Deadline?

If six months pass after filing your claim with no response, it’s considered a constructive denial, and you can proceed directly to court.

25. Can I Appeal a Denied FTCA Claim?

There’s no administrative appeal process. Your only option is to file a lawsuit in federal district court within six months of the denial.

26. What If My Injury Happened Overseas?

In most cases, the FTCA does not apply to injuries occurring outside the U.S. (known as the foreign country exception).
However, certain overseas claims involving U.S.-based negligence may qualify.

27. Can I Sue for TSA or Airport Security Negligence?

Yes. TSA employees are federal officers. If you were injured, assaulted, or wrongfully detained by TSA, you may have an FTCA claim.
These cases often involve excessive force, mishandling of property, or unsafe conditions during screening.

28. What Are the Biggest Mistakes People Make?

  • Missing the two-year deadline

  • Failing to list a sum certain

  • Filing against the wrong agency

  • Accepting a low settlement

  • Hiring a lawyer with no FTCA experience

FTCA law is complex. A single mistake can destroy your case. Always work with attorneys who specialize in this area.

29. Why Are FTCA Cases So Difficult?

Because they involve unique federal procedures, strict deadlines, and agency-specific rules.
Most personal injury firms don’t handle FTCA claims. At NSLF, our lawyers are former federal attorneys and JAG officers who’ve seen the system from both sides—and know how to win.

30. Why Choose National Security Law Firm?

At National Security Law Firm, our mission is simple: maximize your compensation and hold the government accountable.

We’re not civilians learning federal law from the outside—we’re former federal insiders who know the bureaucracy, the procedures, and the strategies that work.

✅ 4.9-Star Google Reviews
✅ Legal Financing through Affirm
✅ Veteran-Founded, Mission-Driven Team
✅ Nationwide Representation
✅ Proven Results in FTCA Cases

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

Learn More About FTCA Claims

For complete guides, real-world case examples, and insider strategies to win, visit our FTCA Resource Center — the most comprehensive library on the Federal Tort Claims Act online.

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