Filing a claim under the Federal Tort Claims Act (FTCA) is one of the only ways to hold the U.S. government accountable when you’ve been injured by a federal employee or on federal property.

But the FTCA process is complex and full of traps for the unwary. Many valid claims are denied simply because the claimant made a technical or procedural mistake.

At National Security Law Firm, our attorneys have handled hundreds of FTCA cases—from VA hospital malpractice to postal truck accidents—and we’ve seen firsthand how easily a strong claim can go wrong.

Here are the top 10 mistakes that can cause your FTCA claim to be denied—and how to avoid them.

1. Failing to Include a “Sum Certain”

The most common—and fatal—mistake is leaving out a sum certain on your SF-95 form.

A sum certain is the specific dollar amount you’re asking the government to pay for your damages. Without it, your claim is automatically invalid.

If you write “TBD,” “unknown,” or leave it blank, your case will be denied, no matter how strong your evidence is.

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

2. Missing the Two-Year Filing Deadline

You have two years from the date of your injury to file your administrative claim (SF-95) with the appropriate federal agency.

Wait too long, and your claim is barred forever—even if the government admits fault.

Many people lose their right to recover because they assumed the clock didn’t start until they discovered their injury or because they filed with the wrong agency.

Always confirm your timeline with an experienced Federal Tort Claims Act lawyer.

3. Filing With the Wrong Federal Agency

The FTCA requires you to file your claim with the specific agency responsible for the employee or property involved.

If you were injured at a VA hospital, it must go to the Department of Veterans Affairs. If a postal truck hit you, it goes to the U.S. Postal Service.

Filing with the wrong agency can delay your case—or worse, run out your deadline.

At National Security Law Firm, we ensure your claim reaches the right agency the first time.

4. Forgetting to Sign the SF-95

It sounds simple, but unsigned claims are invalid.

Whether you file by mail or electronically, your signature is required on the SF-95 to verify the information under penalty of perjury.

An unsigned form is treated as though you never filed at all.

5. Failing to Provide Enough Detail

When describing what happened, be clear, factual, and complete. Don’t just say, “I was injured by a federal employee.”

Include details like:

  • The date, time, and location of the incident

  • The employee’s name or job title (if known)

  • Exactly what they did wrong

  • How it caused your injury

Incomplete or vague claims are often denied because the agency can’t properly investigate them.

6. Not Including Evidence

While you don’t have to submit your entire case file, you should include enough documentation to support your claim:

  • Medical records

  • Repair estimates

  • Witness statements

  • Photos or videos

  • Police or incident reports

Submitting an evidence-backed SF-95 increases your credibility and can even lead to a faster settlement.

7. Underestimating the Value of Your Claim

Once you file your SF-95, you can’t increase the amount you’re asking for later.

If your damages turn out to be higher than expected (for example, you need surgery months later), you can’t recover beyond the original “sum certain.”

That’s why it’s better to err on the higher side—supported by documentation—when estimating your total damages.

8. Ignoring the Agency’s Response Deadline

After you file your claim, the agency has six months to respond.

If they deny it or don’t respond at all, you then have six months from that date to file a lawsuit in federal court.

Miss that window, and your case is over for good.

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

9. Suing the Wrong Party

Even after your claim is denied, you must file your lawsuit against the United States, not the individual employee or agency.

If you sue the wrong defendant, the court will dismiss your case.

An experienced FTCA attorney knows how to properly caption and file your complaint in federal district court—with the right venue, party, and jurisdiction.

10. Trying to Handle It Alone

The FTCA is full of hidden rules, short deadlines, and procedural traps. Many people lose strong cases because they didn’t have guidance early enough.

From filing the SF-95 to negotiating with federal attorneys, every stage requires precision.

At National Security Law Firm, our team includes former federal and military lawyers who’ve handled these cases from both sides. We know how to avoid the mistakes that get claims denied—and how to get them approved.

How National Security Law Firm Helps Clients Avoid Denials

When you hire National Security Law Firm, you get more than a lawyer—you get a team that’s been inside the system and knows how to fight it strategically.

We:

  • Draft and file your SF-95 with precision

  • Identify the correct agency and responsible employee

  • Calculate an accurate sum certain

  • Submit FOIA requests to uncover evidence

  • Track all deadlines and communications

  • File and litigate in federal court if the agency denies your claim

Our clients come to us after injuries at VA hospitals, post offices, airports, and federal parks, and we guide them every step of the way—turning confusion into confidence.

Why Choose National Security Law Firm

  • 4.9-star Google Reviews

  • Attorneys with federal and military backgrounds

  • Nationwide representation from Washington, D.C.

  • Legal financing available through Pay Later by Affirm

  • Free, no-pressure consultations

  • Contingency-based representation (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’re preparing to file—or if your FTCA claim has already been denied—don’t take chances. Let our attorneys review your case, fix errors, and give you the best chance at success.

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

We’ll help you avoid the pitfalls, protect your rights, and fight for the compensation you deserve.

Learn More About FTCA Claims

For more step-by-step guides and insights, visit our FTCA Resource Center to explore:

  • How to File an SF-95

  • What a “Sum Certain” Means

  • How FOIA Strengthens Your FTCA Claim

  • Who You Can Sue Under the FTCA

A single mistake can end your claim—but the right lawyer can make all the difference.

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