When you file a claim against the federal government under the Federal Tort Claims Act (FTCA), you’re stepping onto a battlefield unlike any other.
The government doesn’t just roll over—it defends aggressively, with unlimited resources, experienced attorneys, and layers of bureaucracy designed to wear you down.

But here’s the truth: those same defenses can be dismantled with the right strategy.
At National Security Law Firm, our attorneys are former federal and military lawyers who used to defend these very cases. We know the tactics government attorneys use—and we know how to counter them to maximize your settlement or judgment.

1. The Government’s First Line of Defense: Delay

Federal agencies often try to win before the fight even begins—by doing nothing.

After you file your SF-95, they have 180 days to respond. Many will wait until the very last day, ask for more information, or “lose” documents to buy time. Others deny claims automatically, assuming most people will give up.

Our Counterstrategy:
We prepare from day one as if the case is going to trial.

  • We track every filing deadline down to the day.

  • We prepare evidence packages before the government even opens your file.

  • When the 180-day clock runs out, we’re ready to file in federal court the same week.

⏱️ Delays don’t scare us—they strengthen us. Every day the government drags its feet, we’re building your case for maximum leverage.

2. The “Jurisdictional” Defense: Arguing You Filed Wrong or Too Late

The government loves technicalities. It often argues that your claim is invalid because:

  • You filed with the wrong agency,

  • You missed the two-year deadline,

  • You didn’t include a “sum certain,” or

  • You failed to properly sign or authorize the SF-95.

These may sound minor, but they’re fatal errors in FTCA litigation. Once dismissed, you can’t refile.

Our Counterstrategy:
We eliminate these risks from the start.
Our team reviews every detail of your SF-95 for accuracy and jurisdictional compliance before it’s filed. We’ve seen the traps agencies set—and we shut them down.

⚖️ Our attorneys used to enforce these rules for the government. Now we use that insider knowledge to protect you.

3. The “Scope of Employment” Defense

Another common move: the government admits its employee caused the harm—but claims that person wasn’t acting “within the scope of employment.”

Example:
A postal truck driver causes an accident while making deliveries. The government may argue he was “off route” or on personal time, hoping to shift responsibility away from itself.

Our Counterstrategy:
We dig deep into federal employment records, time logs, and vehicle data. We use FOIA requests and internal policies to prove that the employee was acting on government business.

🪖 We know how federal agencies define ‘scope of employment’—because we wrote those definitions when we worked inside the system.

4. The “Discretionary Function” Defense

Perhaps the government’s most powerful weapon: claiming immunity under the discretionary function exception.

This means the agency argues your injury resulted from a policy decision or judgment call rather than negligence.
Example: The National Park Service may argue that failing to install guardrails was a “policy decision,” not negligence.

Our Counterstrategy:
We expose the difference between policy and carelessness.

  • If a decision violates mandatory safety rules, it’s not discretionary.

  • If an employee ignored clear procedures, it’s negligence, not judgment.

We back our arguments with agency manuals, internal safety policies, and prior case outcomes—turning their own rules into our evidence.

🧠 This is where insider knowledge wins cases. We know when an agency is hiding behind “discretion” to avoid accountability—and we know how to dismantle that wall.

5. The “Causation” Defense

The government often argues that even if its employee made a mistake, it wasn’t the cause of your injury.
Example: In a VA malpractice case, it might claim your complications came from a preexisting condition or from a “known medical risk.”

Our Counterstrategy:
We bring in independent medical experts, economists, and reconstruction specialists to draw a straight line from negligence to harm.
Every piece of medical evidence is organized to show cause and effect.

🔬 We don’t let them rewrite your story. We prove, with clarity and precision, how government negligence caused your loss—and what that loss is truly worth.

6. The “Lowball Settlement” Defense

Even when the government admits liability, it will almost always undervalue your damages.
Example: Offering $50,000 for a surgical error that resulted in lifelong disability.

They count on you not knowing how to calculate long-term care, lost wages, or future damages.

Our Counterstrategy:
We calculate damages like a military operation: methodically, thoroughly, and backed by data.
We use life-care planners, medical economists, and expert witnesses to determine your true financial loss.
When we negotiate, we don’t beg for fairness—we demand full accountability.

💰 Our goal isn’t a quick check—it’s the maximum lawful recovery.

7. The “Expert Advantage” Defense

The government has an arsenal of experts—doctors, engineers, analysts—ready to defend every claim.
They’ll argue that your medical procedure met “acceptable standards,” or that a hazard “wasn’t dangerous enough.”

Our Counterstrategy:
We bring our own experts—often the same level or higher.
Our attorneys coordinate expert testimony early, ensuring your case stands on equal footing.
And because we know the government’s expert roster, we anticipate their opinions before they’re even written.

8. The “Sovereign Immunity” and “Intentional Tort” Defense

The FTCA only waives immunity for certain types of negligence. The government often argues that your claim involves an intentional tort or a non-waived activity—for example, a claim against military personnel barred by the Feres Doctrine.

Our Counterstrategy:
We identify legal exceptions that preserve your rights—like the law enforcement exception, which allows lawsuits for assault, battery, false arrest, and more.
We analyze the facts to fit your case squarely within the FTCA’s waiver of immunity.

🧩 We know the boundaries—and how to work within them to keep your claim alive.

How We Turn Defense Into Leverage

Every government defense can be flipped into an opportunity—if you know how to use it.

At National Security Law Firm, we:

  • Anticipate defenses before they’re raised.

  • Document counterarguments from day one.

  • Build airtight evidence packets that remove agency excuses.

  • Push hard during negotiations—because the government knows we’re ready for trial.

Our attorneys aren’t intimidated by government lawyers—we used to be them. We’ve sat in their meetings, reviewed their risk assessments, and signed their settlement approvals. That’s how we know exactly what it takes to make them pay.

You don’t win FTCA cases by reacting. You win by staying three moves ahead.

Why Choose National Security Law Firm

When you’re up against the federal government, experience and precision aren’t optional—they’re everything.

Clients choose National Security Law Firm because:

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

  • 🪖 Former federal and military attorneys who know the government’s playbook

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

  • 💸 Transparent pricing and legal financing options through Affirm

  • 💬 Free, no-pressure consultations

  • 💥 A mission-driven approach to maximize every settlement and judgment

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

Ready to Take the Next Step?

If you’ve filed—or are preparing to file—an FTCA claim, don’t go it alone.
The government is already building its defense. It’s time to build yours.

📞 Call 202-600-4996 or book your free consultation online.
We’ll review your claim, identify every defense the government may use, and develop a strategy to overcome it.

Learn More About FTCA Claims

Visit our FTCA Resource Center for detailed guides, filing tips, and strategy insights:

  • Step-by-Step Guide to Completing the SF-95

  • What Evidence Matters Most in FTCA Claims

  • 10 Strategies to Maximize Your FTCA Settlement or Judgment

Whether you were injured at a VA hospital, post office, or national park, our attorneys know how to dismantle the government’s defenses and win.

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