When someone is injured because of negligence, the natural instinct is to hold the responsible party accountable. But what happens when that negligent party is the federal government? That’s where the Federal Tort Claims Act (FTCA) comes in.

At National Security Law Firm, we help individuals, veterans, and families pursue justice under the FTCA—when the wrongdoer isn’t a private citizen or company, but a federal employee or agency. This guide explains who you can sue, who you can’t, and how the FTCA applies to real-world situations.

Understanding the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) allows people to seek compensation from the United States government when they’re injured by the negligent or wrongful acts of federal employees acting within the scope of their employment.

Before the FTCA was enacted in 1946, the government was immune from lawsuits—meaning citizens had no way to recover damages, even in clear cases of negligence. The FTCA changed that, creating a path for injured parties to file administrative claims (using Standard Form 95) and, if denied, proceed to federal court.

Who You Can Sue Under the FTCA

Under the FTCA, you sue the United States government itself—not the individual employee or agency. However, it’s critical that the person or entity responsible for your injury meets certain requirements.

You can sue the United States for the actions of:

  • Federal Employees Acting Within the Scope of Their Duties
    This includes full-time federal workers, not independent contractors, who were performing their official responsibilities when the incident occurred.

  • Federal Agencies Whose Employees Caused the Injury
    Examples include the Department of Veterans Affairs, U.S. Postal Service, Transportation Security Administration (TSA), Federal Aviation Administration (FAA), National Park Service, and others.

  • Military or Civilian Employees at Federal Facilities
    For example, a VA hospital nurse who commits medical malpractice, or a postal worker who causes a vehicle collision while delivering mail.

Common Examples of FTCA Lawsuits

FTCA claims cover a wide range of real-world situations. You may have a valid case if your injury occurred at or was caused by:

  • VA Hospitals or Federal Medical Centers – Misdiagnosis, surgical errors, or negligence by VA doctors or nurses.

  • Post Offices and Mail Facilities – Slip-and-fall accidents, vehicle accidents involving USPS trucks.

  • Airports with Federal Agents – TSA misconduct, negligence during screening, or property damage.

  • Federal Buildings and Courthouses – Unsafe conditions, maintenance failures, or negligent security.

  • National Parks and Recreation Areas – Dangerous trails, falling objects, or poor maintenance.

  • Federal Prisons and Detention Centers – Medical neglect or unsafe conditions.

  • Military Bases and Installations – Civilian injuries caused by non-combat negligence.

Essentially, if your injury occurred on federal property or was caused by a federal employee, the FTCA may apply.

Who You Cannot Sue Under the FTCA

While the FTCA opens the door to accountability, it has strict limits on who can be sued. You generally cannot sue:

  • Independent Contractors – Even if they perform work for the federal government, contractors are typically not considered federal employees.

  • Active-Duty Military Members – Under the Feres Doctrine, service members cannot sue for injuries that arise from activities “incident to military service.”

  • Private Companies on Federal Property – If a private entity operates a business within a federal facility, claims against them must be brought under state law.

  • Intentional Torts (With Limited Exceptions) – The FTCA bars certain claims, like assault or battery, unless committed by law enforcement officers.

Because these distinctions can be complex, identifying whether your claim qualifies often requires legal analysis and investigation.

Why Determining “Who You Can Sue” Is So Complicated

The FTCA’s rules sound simple, but in practice, they are anything but. Many cases turn on questions like:

  • Was the wrongdoer a federal employee or a contractor?

  • Were they acting within the scope of employment at the time?

  • Does the claim fall under an exception to FTCA coverage (e.g., discretionary function)?

At National Security Law Firm, we conduct a deep dive into your case—obtaining FOIA records, employment documents, and agency reports to pinpoint whether your claim is legally valid under the FTCA. This step is critical, because filing a claim against the wrong party can lead to dismissal or lost rights.

How to File an FTCA Claim

Before suing, you must first file an administrative claim with the federal agency responsible. This claim, submitted on Standard Form 95, must include:

  • A detailed explanation of the facts

  • The exact amount of damages claimed (a “sum certain”)

  • Supporting evidence (medical records, photos, witness statements)

The agency has six months to respond. If it denies your claim or fails to act, you may then file a lawsuit in federal court.

Why Choose National Security Law Firm

If you were injured by the negligence of a federal employee, hospital, or agency, you need attorneys who understand both the legal system and the bureaucracy behind it.

At National Security Law Firm, our attorneys have federal government backgrounds—many have worked inside the agencies we now litigate against. We know how to navigate complex procedures, uncover key evidence, and maximize recovery for clients.

  • 4.9-Star Google Reviews

  • Legal financing available through Pay Later by Affirm

  • Nationwide representation

  • Deep experience with federal claims, security clearances, and administrative law

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

Explore Our FTCA Resource Center

Want to learn more about filing claims against the federal government? Visit our FTCA Resource Center for in-depth guides, examples, and plain-English explanations of every stage of the Federal Tort Claims Act process.

You’ll find answers to questions like:

  • What is the difference between an administrative claim and a lawsuit?

  • How long do you have to file an FTCA claim?

  • What kinds of damages can you recover?

  • What happens if your claim is denied?

Whether you were injured at a VA hospital, post office, airport, or national park, our Resource Center breaks down everything you need to know to protect your rights and strengthen your case.

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

If you or a loved one was injured at a VA hospital, post office, airport, national park, or any federal facility, you may have a valid FTCA claim.

Our team will evaluate your case for free, help you determine who can be sued, and guide you through the claim process from start to finish.

Book your free consultation online.