Can You Sue the Government?

With over 25 years of experience and thousands of successful cases, the Archuleta Law Firm helps veterans to understand if they can sue the US Government. Get your Free Case Evaluation today and find out if you have a claim.

Can you sue the government

Navigating the Complexities: Can You Sue the Government?

EJ Archuleta,  FTCA Attorney Explains.

Yes, it is possible to sue the U.S. Government, thanks to a federal statute known as the Federal Tort Claims Act. If you’ve experienced medical malpractice at a VA facility or encountered negligence by a federal employee, it’s vital to consult with an experienced attorney who understands the nuances of this complicated process. The best results are almost always achieved with the help of an experienced FTCA lawyer.

At Archuleta Law Firm, we help veterans and their families through the intricate process of suing the U.S. Government. Our experienced team, with a history of over 25 years, is prepared to advocate for you. Our team includes a doctor-lawyer, nurse, and highly trained staff who fight to get you the compensation you deserve. We have not only developed a unique approach to help veterans sue the government but also refined it over decades of successful cases.

Many law firms may say they represent veterans in FTCA cases but the reality is they generally take on a multitude of other case types. At the Archuleta Law Firm, we only represent Veterans, Servicemembers, and their families who have been injured by the negligent acts of federal employees and agencies like the Department of Veterans Affairs.

As our case results suggest, we are highly skilled and experienced in this area of law. Below are some of our Case Results.

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Air Force

Understanding the Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) is a critical piece of legislation that provides a legal pathway for individuals to pursue claims against the U.S. government for damages arising from the negligent acts of federal employees. But, like all laws, understanding its nuances is essential to ensure a successful outcome.

Standard Form 95 – Presenting a Federal Tort Claim

Suing the government begins with presenting a claim for damages through a Standard Form 95. This official government form serves as the primary form to present claims for property damage, personal injury, or death caused by a federal employee’s negligence or wrongful act or omission. The SF95 is not required to be used but serves as a convenient way to present all required information to the Federal agency whose employee conduct gave rise to the injury. When correctly presented, the administrative claims process begins.

Note that all claims presented to the U.S. Government must be properly presented within the 2-year statute of limitations.

The Administrative Claims Process

Once the administrative claim is filed, the government will review and investigate the claim. This process can take several months, as the government must gather evidence, interview witnesses, and assess the extent of any damages.

It is important to note that filing an administrative claim does not mean you will get compensation for your damages. The government can deny your claim if it believes it is not liable for the damages under the applicable state law. When this happens you can either request to have your claim reconsidered or file a lawsuit in Federal Court.

Filing a Lawsuit Against the U.S. Government

If the Government fails to settle your claim or takes no action within 6 months, you can file a lawsuit in federal district court subject to certain time and legal restrictions. If you are considering filing a lawsuit against the U.S. Government, you need to contact an experienced FTCA attorney as you have a limited time to pursue your claim.

Can I sue the Federal Government for injuries occurring at a Federal Venue?

The federal government may be liable for injuries occurring at federal locations and venues, often referred to as premises liability. These cases arise when the government hasn’t taken adequate measures to ensure the safety of visitors. If someone is injured because of hazardous conditions at federal properties—such as post offices, museums, courthouses, office buildings, or hospitals —they might ask, “Can I sue the federal government?” The straightforward answer is yes, However, it’s imperative to follow the administrative claims processes and timely file an FTCA claim within the 2-year statute of limitations.

Can I sue the Government after an accident?

Each year, several personal injuries can be attributed to the federal government and accidents. Notably, numerous accidents involve vehicles under the federal banner, such as:

  • Transport trucks from the U.S. Postal Service
  • Daily carriers from the U.S. Postal Service
  • Official vehicles of distinct governmental agencies, such as the FBI, DEA, and ATF.
  • Military Convoys

It is crucial for our veterans and their families to contact a skilled FTCA attorney, particularly in relation to incidents involving federal agencies. The answer to the question, “Can I sue the government after an accident?” is yes, but you must adhere to the complex administrative claims process before you can file a lawsuit.

If you or someone you know has suffered personal injury caused by the federal government, call or reach out to the Archuleta Law Firm for a free case review.

Can I sue the Government for property damage?

The same administrative claims procedures and timelines mentioned above apply to claimants seeking compensation from the U.S. Government for property damage. Examples of property damage caused by the negligent acts of federal employees may be:

  • Vehicle damage caused by a Government vehicle
  • Damage from Federal Construction Activities
  • Fire Damage from Federal Operations

Why Choose Archuleta Law Firm?

  • Experience: Over 25 years working on FTCA cases, representing thousands of veterans and their families.
  • Expertise: Our team includes a doctor-attorney and a nurse, allowing us to review cases quickly and efficiently. Our proprietary case review process is comprehensive, thorough, and well-researched.
  • No Fee Unless We Succeed: Our fees are straightforward. If we don’t secure a recovery, you owe us nothing.

Client Reviews

Didn't think I would win my case but this firm did what others couldn't or wouldn't!! Got my owed money in less time than expected. I would definitely recommend the archuleta law firm for your claims!!
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I am greatful for the help we received from Michael, Morion, and this Lawfirm. Anytime we had a Issue or a question they were always available to help in a timely manner and always with a level of professionalism. I would highly recommend Archuleta Law Firm if you find yourself in need of Law Firm ... that specializes in VA medical cases.
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When I tragically lost my father I had no idea who to turn to for help. I knew I would need a lawyer that specializes in VA Medical case. We found Archuleta Law Firm by searching online. I am very grateful for the help I received from Michael, Marion, & this law firm. Anytime I had an issue or ... question they were available to help in a very diligent timely manner & with a level of professionalism that exceeds all others. If you should ever find yourself in such a horrific situation and need an attorney, I highly recommend Archuleta Law Firm!
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Thank God for Archuleta Law Firm! They took on my case when nobody in my area would. Firms in my area kept telling me that I had a case, but they weren't willing to take it on. Archuleta, however, was willing to take my case, and if they hadn't then the window for my claim would have expired! It ... was a pleasure working with Michael. The firm was responsive and I was kept updated every step of the way -- all during COVID, to boot! I really cannot thank them enough! They improved my and my family's lives more than I had ever hoped. All the best, James Monacella (Pennsylvania)
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Our Clients Are More Than Cases

The Archuleta Law Firm has been helping Veterans, Servicemembers, and their families who have suffered from Air Force medical malpractice and negligence for over 25 years. We have successfully handled thousands of cases under the Federal Tort Claims Act (FTCA) throughout the United States.

If you or someone you know has been the victim of Air Force medical malpractice, you may be entitled to compensation. It’s important to understand your legal rights and options. The experienced Air Force medical malpractice lawyers at Archuleta Law Firm can help.

Can you sue the government

Why We Focus on Veterans Medical Malpractice Claims

Dr. Michael Archuleta, Physician and FTCA Attorney Explains

Play Video about Can you sue the government?

One of the primary misconceptions that we’ve heard clients say many times is that they were told that the government couldn’t be sued, or that the Army, Navy, Air Force, or Department of Veterans Affairs could not be sued because they were the federal government and that’s not true in all cases.

Oftentimes, people come to our law firm and think that there’s no possibility of them having a case against the federal government and we’re able to make a recovery for them.

– Dr. Michael Archuleta