When your rights are violated or you’re injured by a federal employee, the biggest question is how to hold the government accountable. Two main legal paths exist: the Federal Tort Claims Act (FTCA) and a Bivens lawsuit.

At first glance, they sound similar. Both involve suing the federal government or its employees. But the two are actually very different in purpose, process, and outcome—and choosing the right one can make or break your case.

At National Security Law Firm (NSLF), we know how to determine which path gives you the strongest chance of success—and how to maximize the compensation or judgment available under each.

What Is an FTCA Claim?

The Federal Tort Claims Act (FTCA) allows individuals to sue the United States itself for injuries caused by the negligence or wrongful act of a federal employee acting within the scope of their employment.

In plain English: if a federal worker does something careless that causes injury, you can pursue compensation from the federal government—just like a personal injury lawsuit against a private company.

Common examples include:

  • Medical malpractice at a VA hospital

  • Car accidents involving postal trucks or federal vehicles

  • Slip-and-fall injuries on federal property

  • Negligence at military bases, airports, or national parks

To begin, you must file an administrative claim using Standard Form 95 (SF-95) before filing in federal court. The government then has six months to respond.

Goal: To recover compensation (money damages) for negligence—medical bills, lost wages, pain and suffering, and more.

Defendant: The United States Government

Typical Outcome: Monetary settlement or judgment based on the proven harm.

What Is a Bivens Lawsuit?

A Bivens action (named after the 1971 Supreme Court case Bivens v. Six Unknown Named Agents) is different. Instead of targeting negligence, it’s about constitutional violations—and it targets the individual federal employees who violated your rights.

For example:

  • A federal agent uses excessive force in violation of your Fourth Amendment rights.

  • A federal official retaliates against you for protected speech under the First Amendment.

  • A federal officer unlawfully detains or searches you.

Unlike the FTCA, a Bivens lawsuit is not about simple negligence—it’s about constitutional wrongdoing.

Goal: To hold individual officers personally liable for violating your constitutional rights.

Defendant: The federal employee(s) directly responsible—not the United States.

Typical Outcome: Money damages from the individual officer (paid by the government in some cases), and often a significant constitutional ruling that can shape national precedent.

Key Differences Between FTCA and Bivens

Feature FTCA Claim Bivens Lawsuit
Legal Basis Federal Tort Claims Act Bivens v. Six Unknown Named Agents (1971)
Focus Negligence or wrongful act Constitutional rights violation
Defendant The United States Individual federal employees
Damages Compensatory only (no punitive damages) May include punitive damages
Filing Requirement Must first file administrative claim (SF-95) Filed directly in federal court
Typical Use Injuries caused by negligence (VA malpractice, federal property accidents, etc.) Police misconduct, unlawful searches, retaliation, constitutional abuse
Statute of Limitations Two years to file administrative claim Generally two years to file lawsuit, varies by jurisdiction
Immunity Issues Sovereign immunity waived by FTCA Limited by qualified immunity for federal employees

When FTCA and Bivens Overlap

Some cases involve both negligence and constitutional violations—for example, when a federal law enforcement officer’s excessive force causes both physical injury and rights violations.

In such situations, NSLF may pursue both an FTCA claim and a Bivens claim, ensuring no avenue for recovery is left unexplored.

But these cases require careful coordination because:

  • You can’t recover twice for the same injury.

  • Filing an FTCA claim can sometimes bar a Bivens claim under certain doctrines.

  • The strategy must be carefully planned from day one.

That’s where experience matters most.

How NSLF Builds the Right Strategy

At National Security Law Firm, we handle both FTCA and Bivens claims nationwide. Our attorneys are former federal prosecutors, JAG officers, and agency lawyers who know the government’s playbook from the inside out.

Our goal in every case is simple: maximize your recovery.

Here’s how we do it:

  1. Conduct a Dual-Track Review: We evaluate whether your case supports an FTCA claim, a Bivens action, or both.

  2. File Early and Strategically: We preserve your rights and avoid procedural traps like claim preclusion or exhaustion issues.

  3. Use FOIA to Uncover Evidence: We obtain internal records that show negligence or constitutional misconduct.

  4. Push for Maximum Value: Whether through settlement or trial, we fight to ensure the government pays the true cost of its wrongdoing.

Why Choose National Security Law Firm

Suing the federal government—or its employees—is not like suing a private party. It’s complex, technical, and full of procedural landmines. You need attorneys who know how to fight inside the system and win.

At NSLF, we bring:

  • 4.9-star Google Reviews from satisfied clients.

  • Nationwide representation in FTCA and Bivens cases.

  • Veteran-founded leadership and insider experience from former government attorneys.

  • Flexible financing options through Pay Later by Affirm.

  • A relentless commitment to maximizing your settlement or judgment.

Ready to Take the Next Step?

If you were injured or had your rights violated by a federal employee, don’t wait. Whether your strongest path is under the FTCA, Bivens, or both, our attorneys will build the right strategy from day one.

Schedule a free consultation now at National Security Law Firm or explore more educational resources in our FTCA Resource Center.

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