Yes, you can sue the United States Government. The Federal Tort Claims Act (FTCA) waives the government's sovereign immunity and allows individuals to bring civil lawsuits against the United States for injuries caused by the negligent acts of federal employees. If you or a family member has been harmed by medical malpractice at a VA hospital, negligence at a military treatment facility, or an accident involving a government employee, you may have the right to pursue compensation.
At the Archuleta Law Firm, we have spent over 25 years exclusively representing veterans, servicemembers, and their families in Federal Tort Claims Act cases. With a doctor-attorney on staff, more than 600 successful cases, and over $145 million recovered, we understand the complexities of suing the federal government in ways most law firms simply cannot.
Understanding the Federal Tort Claims Act (FTCA)
The Federal Tort Claims Act is a federal statute that waives the government's sovereign immunity for certain tort claims. Before the FTCA was enacted in 1946, citizens had virtually no legal recourse when they were injured by the negligence of federal employees. The FTCA changed that by holding the government to the same standard of care as a private individual under the applicable state law.
However, suing the government is fundamentally different from filing a standard personal injury lawsuit. The FTCA imposes strict procedural requirements, shorter deadlines, and mandates that claimants exhaust administrative remedies before filing suit in federal court. Failure to follow these procedures exactly can result in your claim being dismissed permanently.
Key provisions of the FTCA include:
- Sovereign immunity waiver — The government consents to be sued for the negligent acts of its employees
- State law application — The law of the state where the negligent act occurred determines liability
- No jury trials — All FTCA cases are decided by a federal judge, not a jury
- Administrative exhaustion required — You must file an administrative claim before you can file a lawsuit
- Strict statute of limitations — Claims must be filed within two years of the date the claim accrues under 28 U.S.C. § 2401(b) (also two years for active-duty servicemembers filing under 10 U.S.C. § 2733a)
What You Cannot Sue the Federal Government For
The FTCA's waiver of sovereign immunity is broad, but it is not unlimited. 28 U.S.C. § 2680 removes entire categories of claims from the waiver. A claim that falls inside one of these exceptions is dismissed for lack of jurisdiction no matter how strong the underlying facts are — which is why the exceptions, rather than sovereign immunity in the abstract, are the usual reason a claim against the government fails.
- Discretionary functions — § 2680(a). The FTCA does not apply to any claim "based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused." Policy-level judgments — how to allocate inspectors, whether to issue a warning, how to design a program — are generally immune.
- Intentional torts — § 2680(h). Claims arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights are excluded, subject to the law-enforcement proviso described below.
- Lost or misdelivered mail — § 2680(b). Claims "arising out of the loss, miscarriage, or negligent transmission of letters or postal matter" are barred. A collision with a Postal Service vehicle is a different matter and remains actionable.
- Combatant activities — § 2680(j). Claims "arising out of the combatant activities of the military or naval forces, or the Coast Guard, during time of war" are excluded.
- Injuries abroad — § 2680(k). "Any claim arising in a foreign country" falls outside the FTCA, even when the negligent federal employee is American.
- Tax and customs collection — § 2680(c). Claims arising from the assessment or collection of any tax or customs duty are barred, apart from a narrow exception for property seized for civil forfeiture.
Three further limits apply even to claims that clear § 2680:
- No punitive damages, no pre-judgment interest. The United States "shall not be liable for interest prior to judgment or for punitive damages" (28 U.S.C. § 2674). Compensatory damages — medical costs, lost earnings, pain and suffering — remain available to the extent the law of the state where the negligence occurred would allow them against a private defendant.
- No jury. An action against the United States under the FTCA "shall be tried by the court without a jury" (28 U.S.C. § 2402). A federal judge decides liability and sets damages.
- The Feres doctrine. Active-duty servicemembers cannot bring FTCA claims for injuries incident to service (Feres v. United States, 340 U.S. 135 (1950)). It does not bar claims by veterans injured during VA care after separation, by military dependents treated at military hospitals, or by civilians.
Why Is It Hard to Sue the Federal Government?
Because the government has to consent to be sued, and it consented on narrow terms. You cannot file directly in court — you must first present a Standard Form 95 to the right agency within two years (28 U.S.C. § 2401(b)), state a specific dollar "sum certain," wait out a six-month agency review, clear the § 2680 exceptions, and then try the case to a judge rather than a jury.
Can You Sue the FBI or Other Federal Law Enforcement Officers?
Sometimes. Section 2680(h) normally bars intentional-tort claims, but it carries a law-enforcement proviso: with regard to "acts or omissions of investigative or law enforcement officers of the United States Government," the FTCA does apply to claims arising out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. The statute defines such an officer as "any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law."
Ordinary negligence claims against federal law enforcement — a collision with an FBI, DEA, or ATF vehicle, for instance — were never covered by § 2680(h) in the first place and proceed under the standard FTCA rules. The discretionary-function exception in § 2680(a) can still bar claims aimed at how an investigation was planned or conducted.
How to Sue the Federal Government: Step-by-Step Process
Suing the United States Government under the FTCA requires following a specific legal process. Missing any step can delay or permanently bar your claim.
Step 1: Consult an Experienced FTCA Attorney
Before taking any action, consult with an attorney who focuses on federal tort claims. The FTCA has unique procedural traps that most personal injury lawyers are unfamiliar with. At the Archuleta Law Firm, our team — which includes a doctor-attorney and a nurse — reviews the medical and legal merits of your case during a free evaluation. Learn what to look for in a federal tort claims attorney and why government-side experience matters.
Step 2: Investigate and Gather Evidence
Your attorney will collect medical records, interview witnesses, consult with medical experts, and build the evidentiary foundation for your claim. This stage is critical: the strength of your administrative claim depends on the quality of evidence presented. For VA and military malpractice cases, this often involves obtaining records from the Department of Veterans Affairs or the Department of Defense.
Step 3: File Standard Form 95 (Administrative Claim)
The Standard Form 95 (SF-95) must be presented to the appropriate federal agency before a lawsuit can be filed. This form requires a detailed description of the incident, the injuries sustained, and a specific dollar amount claimed (known as the "sum certain"). The SF-95 must be received by the agency — not merely mailed — before the two-year statute of limitations expires.
Step 4: Administrative Review Period
Once the appropriate federal agency receives your SF-95, it has six months to investigate and respond. The agency may approve the claim and offer a settlement, deny the claim in writing, or take no action. During this period, your attorney will negotiate with the agency's legal team to seek a fair resolution.
Step 5: File a Lawsuit in Federal Court (If Necessary)
If the agency denies your claim or fails to act within six months, you then have the right to file a lawsuit against the United States in the appropriate federal district court. At this stage, you have six months from the date of denial to file suit. The Archuleta Law Firm has extensive experience litigating FTCA cases in federal courts throughout the country.
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Can You Sue the Federal Government for Medical Malpractice?
Yes. Medical malpractice by federal healthcare providers is one of the most common types of FTCA claims. When a doctor, nurse, or other medical professional employed by the federal government provides negligent care, the injured patient has the right to seek compensation under the FTCA.
Federal medical malpractice cases commonly involve:
- Misdiagnosis and failure to diagnose — Delayed cancer diagnosis, missed infections, or failure to recognize serious conditions
- Surgical errors — Wrong-site surgery, anesthesia errors, retained surgical instruments, or post-operative negligence
- Birth injuries — Cerebral palsy, Erb's palsy, brachial plexus injuries, or other delivery-related harm at military hospitals
- Brain injuries — Traumatic brain injuries caused by delayed treatment or surgical negligence
- Medication errors — Wrong medication, incorrect dosage, dangerous drug interactions
- Emergency room errors — ER negligence, failure to admit, delayed treatment in emergency settings
- Wrongful death — Deaths resulting from preventable medical negligence
The key difference from a standard malpractice case is that federal medical malpractice claims must go through the FTCA administrative process described above. You cannot sue a federal doctor directly — your claim is against the United States Government.
Can You Sue the VA for Malpractice?
Yes. The Department of Veterans Affairs is a federal agency, and its medical staff are federal employees. When VA medical care falls below the standard of care and causes injury, veterans and their families can pursue compensation under the FTCA.
Common VA malpractice scenarios include:
- Failure to diagnose or delayed diagnosis of cancer, heart conditions, or infections
- Surgical errors at VA Medical Centers
- Medication errors and adverse drug reactions
- Negligent mental health treatment
- Delayed or denied treatment leading to worsened conditions
- Infections acquired during VA hospital stays
The Archuleta Law Firm has handled hundreds of VA medical malpractice cases across all 50 states. Our analysis of 16 years of Treasury Judgment Fund data demonstrates our track record: an average settlement of $241,641 per case for our clients, compared to $63,219 for unrepresented claimants. For a closer look at your rights against a specific facility, see can you sue a VA hospital?
Can You Sue the Government for Personal Injury?
Beyond medical malpractice, the FTCA covers a broad range of personal injury claims caused by the negligence of federal employees:
Accidents Involving Federal Vehicles
Each year, thousands of accidents involve government vehicles, including:
- U.S. Postal Service delivery trucks and transport vehicles
- Military convoys and government-owned vehicles
- Official vehicles of federal agencies (FBI, DEA, ATF, Border Patrol)
- Maintenance vehicles used on federal highways and properties
If you were injured in an accident with a federal vehicle, you can pursue an FTCA claim for your medical expenses, lost wages, pain and suffering, and other damages.
Injuries on Federal Property (Premises Liability)
The government has a duty to maintain safe conditions at federal properties. Claims may arise from hazardous conditions at:
- VA Medical Centers and clinics
- Military bases and installations
- Federal courthouses and office buildings
- National parks and federal recreation areas
- Post offices and other government buildings
Construction and Environmental Negligence
Federal construction projects, military training operations, and environmental hazards on government property can also give rise to FTCA claims when federal employee negligence causes injury or property damage.
Can You Sue the Government for Property Damage?
Yes. The same FTCA administrative claims procedures and deadlines apply to property damage claims. Common property damage scenarios include:
- Vehicle damage caused by a government vehicle (USPS truck, military convoy, federal fleet vehicle)
- Damage from federal construction — Government construction projects that damage private property
- Fire damage from federal operations — Military training, prescribed burns, or facility operations
- Environmental contamination — Hazardous materials from federal facilities damaging private property
Property damage claims follow the same Standard Form 95 process and must be filed within two years of the damage occurring.
Why Choose Archuleta Law Firm?
Unlike most personal injury firms that handle a variety of case types, the Archuleta Law Firm exclusively represents veterans, servicemembers, and their families in claims against the federal government. This singular focus has produced results that speak for themselves:
- 25+ years of exclusive FTCA practice
- $145 million+ recovered for clients
- 600+ successful cases across all 50 states
- Doctor-attorney on staff — Our team includes Michael Archuleta, J.D., M.D., who personally reviews the medical merits of every case
- No fee unless we win — We work on a contingency basis. If we do not secure a recovery, you owe us nothing
- 4x higher settlements — Our clients receive an average of $241,641, compared to $63,219 for unrepresented claimants
Many law firms claim to handle FTCA cases, but the reality is they generally take on a multitude of other case types. At Archuleta Law Firm, we have developed and refined a proprietary approach to FTCA claims over decades of practice. Our attorneys understand the administrative claims process, federal court litigation, and the medical complexities that make these cases unique.
Get Help With Your Claim
If you believe you or a family member has been injured by the negligence of a federal employee — whether at a VA hospital, military treatment facility, or in any other federal setting — contact the Archuleta Law Firm today for a free case evaluation.
We represent veterans and military families in every state, including:
- California — Home to the largest veteran population in the U.S.
- Texas — Major military installations and VA Medical Centers
- Florida — Third-largest veteran population
- Pennsylvania — Multiple VA facilities across the state
- New York — Extensive VA healthcare network
- Ohio — Multiple VA Medical Centers
- North Carolina — Home to major military bases
- Virginia — Numerous military and VA facilities
- Georgia — Growing veteran population
- Michigan — VA healthcare facilities statewide
Don't wait until the statute of limitations expires. Contact us today or call 1-800-798-9529 for a free, no-obligation consultation.
Related Articles
- Can You Sue a VA Hospital? — Your rights under the FTCA when a VA facility causes your injury
- Federal Tort Claims Attorney Guide — What to look for in an FTCA lawyer and why government-side experience matters
- Veterans Medical Malpractice & the FTCA — Comprehensive guide to VA medical malpractice claims
- Standard Form 95 Guide — How to complete the required FTCA claim form
- FTCA Statute of Limitations — Critical deadlines for filing your claim
- FTCA and VA Tort Claim Payouts — 16-year analysis of $145M in FTCA settlements
- FTCA Claim Dos and Don'ts — Essential guidance for FTCA claimants
- Case Results — $145M+ recovered for veterans and their families