Once you’ve filed your Federal Tort Claims Act (FTCA) claim, the next step can feel like the hardest: negotiating with the government.

Unlike ordinary insurance claims, FTCA settlements involve trained agency attorneys, strict federal procedures, and limited room for error. If you don’t approach it strategically, you could leave thousands of dollars—and sometimes your entire case—on the table.

At National Security Law Firm, our attorneys have negotiated against nearly every major federal agency, including the VA, USPS, DHS, and DOJ. We know what works, what doesn’t, and how to make the government pay attention.

Here’s how to prepare, negotiate, and succeed when dealing directly with a federal agency under the FTCA.

Understanding the FTCA Settlement Process

After you file your SF-95 form, the responsible agency has six months to review your claim. During that time, it may:

  • Investigate the incident

  • Request more documentation

  • Make a settlement offer, or

  • Deny your claim

The goal of negotiation is to resolve your claim at the administrative level—before it reaches federal court.

Settling early can save time, legal fees, and emotional stress. But it also requires precision: once you accept an FTCA settlement, you cannot reopen or appeal the claim later.

Step 1: Build a Strong Evidence File

The foundation of any successful FTCA settlement is proof. You’ll need to demonstrate:

  • Negligence — that a federal employee acted carelessly or wrongfully

  • Causation — that their conduct caused your injury or loss

  • Damages — that you suffered measurable harm

Include:

  • Medical records and billing statements

  • Witness statements

  • Photographs, videos, and diagrams

  • Maintenance logs or inspection reports

  • Proof of lost wages and out-of-pocket costs

If the government controls key evidence—such as internal reports or surveillance footage—use a FOIA request to obtain it.

👉 Read more: How to Strengthen Your FTCA Claim with FOIA Requests

Step 2: Calculate a Realistic “Sum Certain”

When negotiating, everything ties back to your sum certain—the amount you demanded on your SF-95.

You can’t recover more than that number, so it’s vital that it reflects the full scope of your damages, including:

  • Medical expenses (past and future)

  • Lost wages and earning capacity

  • Pain and suffering

  • Property damage

  • Emotional distress and lifestyle impact

👉 Read more: What Is a Sum Certain? What Should I Put Down?

Bring documentation for every dollar you claim. The stronger your backup, the stronger your bargaining position.

Step 3: Know the Agency’s Priorities

Each agency handles FTCA settlements differently. For example:

  • VA tends to settle meritorious medical malpractice claims to avoid litigation costs.

  • USPS often negotiates vehicle accident cases based on insurance-style metrics.

  • National Park Service may focus on maintenance documentation and visitor conduct.

Understanding an agency’s culture and settlement patterns gives you leverage. At National Security Law Firm, our attorneys have worked inside these agencies—we know how their lawyers think.

Step 4: Present Your Case Professionally

Your settlement demand package should be polished, persuasive, and supported by evidence. Include:

  • A concise summary of facts

  • A clear statement of liability

  • Itemized damages and documentation

  • A professional cover letter outlining why settlement is fair and justified

Keep your tone factual and professional. Remember: you’re negotiating with government counsel who value clarity, not emotion.

Step 5: Respond Strategically to Low Offers

Agencies often start with a low initial offer—it’s standard government practice. Don’t take it personally.

Here’s how to respond:

  1. Acknowledge receipt and restate your position politely.

  2. Reinforce your strongest evidence (especially proof of negligence).

  3. Highlight long-term damages—future care costs, lost earning potential, pain and suffering.

  4. Propose a counteroffer backed by facts, not feelings.

If the agency refuses to negotiate in good faith, you have another option: file suit in federal court within six months of the denial or non-response.

👉 Read more: What to Do if the Government Denies Your FTCA Claim

Step 6: Keep the Pressure On

Even while negotiating, act as if litigation is imminent. Agencies are more likely to settle fairly when they know you’re prepared to take the case to court.

At National Security Law Firm, we prepare every FTCA claim as if it’s heading to trial—conducting investigations, gathering expert opinions, and organizing evidence from day one.

That readiness often leads to faster and higher settlements.

Common Mistakes to Avoid During Settlement Negotiations

Many claimants make costly errors that weaken their case. Avoid these pitfalls:

  • Accepting the first offer without understanding your damages

  • Failing to provide a complete evidence file

  • Missing deadlines or not following up after agency silence

  • Losing credibility by exaggerating injuries or demanding unrealistic sums

  • Negotiating without legal representation

👉 Read more: The Top 10 Mistakes That Can Get Your FTCA Claim Denied

How National Security Law Firm Maximizes Settlements

Our FTCA attorneys bring unmatched experience and insight to the negotiation table. We:

  • File precise and persuasive SF-95 claims

  • Use FOIA to uncover hidden agency documents

  • Calculate realistic but strong damage valuations

  • Communicate directly with agency counsel to expedite settlements

  • Prepare every claim as if trial were inevitable

With our firm’s federal and military background, we know how to speak the agency’s language—and how to win their respect.

Why Choose National Security Law Firm

  • 4.9-star Google Reviews

  • Former federal and military attorneys with insider knowledge

  • Nationwide representation from Washington, D.C.

  • Free consultations and contingency-based fees—you don’t pay unless we win

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

Ready to Take the Next Step? Let’s Talk.

If you’ve filed or are preparing to file an FTCA claim, don’t face government lawyers alone. Our team can help you negotiate confidently, document your losses, and secure the compensation you deserve.

📞 Call 202-600-4996 or book your free consultation online.

We’ll help you file, negotiate, and win—one step at a time.

Learn More About FTCA Claims

Visit our FTCA Resource Center for more helpful guides:

  • How to File an SF-95

  • What a “Sum Certain” Means

  • How to Strengthen Your FTCA Claim with FOIA Requests

  • What to Do if the Government Denies Your FTCA Claim

Negotiating with the government isn’t easy—but with the right strategy and the right team, you can win.

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