After being injured by a federal employee or on federal property, one of the first questions most people ask is:
“How much is my case worth?”
Under the Federal Tort Claims Act (FTCA), the answer depends on many factors—some within your control, and others determined by federal law.
At National Security Law Firm, we’ve helped clients nationwide recover significant settlements from the U.S. government for medical malpractice, accidents, and negligence at places like VA hospitals, post offices, airports, and national parks.
This guide breaks down how FTCA claim values are calculated, what affects your potential recovery, and what real-world settlement examples look like.
How FTCA Settlements Work
The Federal Tort Claims Act allows you to seek money damages when you’re injured by a federal employee acting within the scope of their job.
Unlike typical personal injury cases, you can’t demand punitive damages or take your case before a jury. Instead, your recovery is limited to compensatory damages—the amount needed to make you “whole” again.
FTCA damages generally include:
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Medical expenses (past and future)
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Lost wages and loss of earning capacity
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Pain and suffering
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Property damage
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Wrongful death damages for surviving family members
These cases often settle at the administrative stage, but if the agency denies your claim, you can take it to federal court, where a judge—not a jury—decides the amount owed.
Factors That Affect the Value of Your FTCA Claim
Every case is different, but here are the main factors that determine how much your FTCA claim may be worth:
1. Severity of the Injury
The greater your injury, the higher your potential recovery. Permanent disabilities, amputations, or wrongful deaths typically lead to larger settlements than temporary injuries.
2. Medical Expenses
Your claim should include all medical costs, from hospital bills to rehabilitation and future treatment needs. Always keep every record and receipt.
3. Lost Wages and Earning Capacity
If you missed work or can’t return to your prior job, those lost wages—and future earnings—are part of your compensation.
4. Pain and Suffering
This covers emotional distress, physical pain, and loss of enjoyment of life. It’s subjective but can significantly influence the final number.
5. Liability Strength
How clear is it that the federal employee or agency was at fault? Strong evidence of negligence—like an internal investigation or witness statements—can drive settlement value upward.
6. Comparative Negligence
If the government can argue you were partially responsible for your own injury, your damages may be reduced proportionally.
7. The Agency Involved
Some agencies are more likely to settle than others. For example, the Department of Veterans Affairs often evaluates claims differently than the U.S. Postal Service or National Park Service.
8. Your “Sum Certain”
Under the FTCA, you can’t recover more than the sum certain you listed on your SF-95 form. If you undervalue your damages, you may leave money on the table.
👉 Read next: What Is a Sum Certain? What Should I Put Down?
Typical FTCA Settlement Examples
Every case is unique, and outcomes depend on the severity of injury, quality of evidence, and the agency involved. While some recoveries can exceed these amounts, the following are typical settlement ranges based on past FTCA results handled across the country.
These examples are meant to give you a general sense of potential value—not a guarantee of any outcome.
VA Medical Malpractice
Typical range: $250,000–$1.5 million
Occasional upper end: $2 million+ for catastrophic injuries or death.
VA malpractice cases often involve surgical errors, misdiagnoses, or medication mistakes. Larger recoveries occur when permanent disability or loss of life is proven.
Postal Truck Accident
Typical range: $75,000–$350,000
Occasional upper end: $500,000–$600,000 for cases involving major surgery or lasting impairment.
These cases are common under the FTCA and follow state-level auto injury standards.
Slip-and-Fall at a Post Office or Federal Building
Typical range: $25,000–$150,000
Occasional upper end: $200,000–$300,000 when there’s a serious fracture, surgery, or long-term mobility loss.
Recovery depends on proving the government’s negligence and overcoming comparative-fault arguments.
National Park or Federal Property Injury
Typical range: $50,000–$300,000
Occasional upper end: $500,000+ for severe falls, traumatic brain injuries, or wrongful death tied to documented maintenance failures.
Cases may be limited by the discretionary-function exception, so proof of agency negligence is key.
Wrongful Death Claims
Typical range: $400,000–$1.5 million
Occasional upper end: $2 million–$3 million when the deceased was young, had significant earning potential, or left dependents.
Wrongful death cases typically yield the highest FTCA payouts, but each must be supported by strong documentation and expert evaluation.
Important Note
These figures are illustrative only. Your recovery depends on the facts of your case, including medical records, causation evidence, and applicable state law. No law firm can promise or predict an exact settlement amount.
At National Security Law Firm, our attorneys analyze every detail—injury severity, agency involvement, and prior settlement trends—to determine realistic value and fight for the highest possible recovery.
👉 Read next: How to Strengthen Your FTCA Claim with FOIA Requests
What You Can’t Recover Under the FTCA
The FTCA limits recovery in several important ways:
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No punitive damages (you can’t punish the government).
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No jury trials (a federal judge decides your case).
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Attorney fees are capped at 20% of settlement or 25% if your case goes to court.
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No damages for purely emotional or reputational harm without physical injury.
These limits make it crucial to have lawyers who know how to maximize the compensatory side of your claim.
How National Security Law Firm Maximizes FTCA Settlements
At National Security Law Firm, we’ve built a reputation for getting results against powerful federal agencies.
Our approach includes:
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Conducting deep-dive investigations using FOIA requests
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Consulting medical and financial experts to document every loss
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Preparing your case for litigation from day one (which increases settlement leverage)
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Handling all correspondence, negotiations, and filings with precision
We’ve helped clients recover compensation for injuries caused by the VA, USPS, DHS, DOJ, and Department of Defense, among others.
When the government’s negligence turns your life upside down, we fight to make it right.
Why Choose National Security Law Firm
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4.9-star Google Reviews
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Nationwide representation from our Washington, D.C. headquarters
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Former federal and military attorneys who know how agencies defend claims
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Legal financing options through Pay Later by Affirm
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Free, no-pressure consultations
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Contingency-based fees—you don’t pay unless we win
National Security Law Firm: It’s Our Turn to Fight for You.
Choosing the Right FTCA Lawyer
Before you move forward with your Federal Tort Claims Act case, it’s crucial to understand that not all personal injury lawyers are equipped to take on the federal government.
FTCA litigation is governed by unique rules, strict deadlines, and specialized defenses that only experienced federal litigators truly understand. A single mistake—like miscalculating your damages, missing an SF-95 deadline, or mishandling discovery—can destroy your entire claim.
At National Security Law Firm (NSLF), our FTCA team is led by Danielle N. Moora, a former senior DHS and TSA attorney with nearly two decades of government litigation experience. Working alongside Matt Pollack, one of the nation’s foremost FOIA experts, our team combines insider knowledge, elite strategy, and relentless advocacy to maximize every client’s recovery.
If you’re considering filing an FTCA claim, read our in-depth guide on how to select the right attorney and the red flags to avoid before hiring one. It could be the single most important step you take in your case.
👉 How to Choose the Right FTCA Lawyer (and Red Flags to Avoid)
Ready to Take the Next Step? Let’s Talk.
If you were injured at a VA hospital, post office, airport, or other federal property, don’t guess what your case is worth—find out.
📞 Call 202-600-4996 or book your free consultation online.
Our attorneys will review your situation, estimate your potential recovery, and create a strategy to get you the maximum possible settlement.
Learn More About FTCA Claims
For more helpful resources and in-depth guides, visit our FTCA Resource Center to explore:
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How to File an SF-95
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What to Do if the Government Denies Your Claim
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The Top 10 Mistakes That Can Get Your FTCA Claim Denied
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Who You Can Sue Under the FTCA
Your case has value—make sure it’s not lost to the system.
National Security Law Firm: It’s Our Turn to Fight for You.