Last Updated: September 14, 2026
The Standard Form 95 (often called "Form 95" or "SF-95") is the official U.S. Government form for filing a federal tort claim against the United States Government and its agencies. For veterans and servicemembers pursuing VA and military medical malpractice claims, properly completing and submitting this form is the critical first step in the legal process. If you have been wondering "can I sue the government?" — the answer is yes, and it starts with Standard Form 95.
Where Do I Download Standard Form 95 (SF-95)?
Download the form here: Standard Form 95 (SF-95) — PDF →. The same form is available free from the U.S. General Services Administration at gsa.gov. There is no filing fee. SF-95 is the government's form for presenting an administrative tort claim, and the responsible federal agency must receive it within two years of the date your claim accrues (28 U.S.C. § 2401(b)).
Standard Form 95 at a glance
| SF-95 | Detail |
|---|---|
| Official title | Claim for Damage, Injury, or Death (Standard Form 95) |
| What it does | Presents the administrative tort claim the FTCA requires before you can sue the United States |
| Who files it | Anyone injured by a federal employee acting within the scope of employment — including veterans injured at a VA hospital |
| Where to send it | The federal agency whose employee caused the injury. For VA malpractice, that is the VA Office of Regional Counsel for the area where the treatment happened (38 C.F.R. § 14.604(a)) |
| Deadline | The agency must receive it within 2 years of the date the claim accrues (28 U.S.C. § 2401(b)) |
| Filing fee | None — filing an SF-95 is free |
| Agency response time | 6 months from receipt; silence after 6 months counts as a denial (28 U.S.C. § 2675(a)) |
Downloading the form is the easy part. The sections below walk through where to send it, a block-by-block field map keyed to the numbers printed on the form, the "sum certain" in Block 12 that can permanently cap your recovery, and the mistakes that most often sink a claim.
Where Do I Send Standard Form 95?
Send your completed SF-95 to the federal agency whose employee caused the injury. For VA medical malpractice, that is the VA Office of Regional Counsel with jurisdiction over the place where the treatment happened — not the office nearest your home (38 C.F.R. § 14.604(a)). That agency must receive the form within two years of the date your claim accrues (28 U.S.C. § 2401(b)).
Where to send Standard Form 95, by who provided the care
| If your claim involves | Send the SF-95 to | Authority |
|---|---|---|
| Care at a VA hospital, clinic or CBOC | The VA Office of Regional Counsel having jurisdiction over the area where the treatment occurred | 38 C.F.R. § 14.604(a) |
| VA care plus employees of another federal agency | The VA, which forwards the claim to the VA General Counsel for handling | 38 C.F.R. § 14.604(a) |
| More than one federal agency | Any involved agency — the agencies then designate a single one to investigate and decide the claim | 28 C.F.R. § 14.2(b)(2) |
| Any other federal agency | The agency whose activities gave rise to the claim | 28 C.F.R. § 14.2(b)(1) |
Your claim is legally "presented" only when the agency receives an executed SF-95 together with a sum certain — a dollar figure — for your damages (38 C.F.R. § 14.604(b); 28 C.F.R. § 14.2(a)). A form with no dollar amount does not start the six-month clock, however it was delivered. Because receipt is what counts, send it by certified mail or hand delivery and keep the proof.
If you are unsure which Regional Counsel covers the facility that treated you, our team can identify it before you file — call 1-800-798-9529 or request a free case evaluation. Sending the form to the wrong office is one of the few SF-95 mistakes that cannot be undone after the deadline passes.
What Is Standard Form 95?
The Standard Form 95 is the U.S. Government's designated form for presenting an administrative tort claim under the Federal Tort Claims Act (FTCA). When properly completed and filed with the appropriate federal agency, this form initiates the administrative claims process that must be completed before any lawsuit can be filed in federal court.
The SF-95 requires claimants to provide detailed information about the incident that caused their injury, a description of their damages, and a specific dollar amount — known as the "sum certain" — that represents the total value of their claim.
While the form may appear straightforward, the U.S. Government agency and its attorneys will scrutinize every answer. Errors, omissions, or poorly worded descriptions can undermine your entire claim. This is why consulting an experienced FTCA attorney before completing your SF-95 is essential.
Step-by-Step: How to Complete Standard Form 95
The SF-95 is a two-page form. Page 1 carries the numbered blocks that decide your claim, 1 through 19; page 2 holds the printed instructions, the Privacy Act notice and the Paperwork Reduction Act notice. The numbering matters — this guide refers to each field by the number actually printed on the current form (Standard Form 95, Rev. 2/2007, NSN 7540-00-634-4046).
Standard Form 95 field map — block numbering as printed on the current form (SF-95, Rev. 2/2007)
| Block | What the form asks for | What to watch |
|---|---|---|
| 1 | Submit to Appropriate Federal Agency — the name and address of the agency you are filing with | Not your own name. For VA care this is the VA Office of Regional Counsel for the place of treatment (38 C.F.R. § 14.604(a)) |
| 2 | Name and address of claimant, and of the claimant personal representative if any | Every person with a claim must appear — a spouse or child with a consortium or wrongful-death claim included |
| 3 | Type of employment — Military or Civilian | Answering Military does not by itself trigger Feres; what matters is whether the injury was incident to active-duty service |
| 4 | Date of birth | Two-digit month, two-digit day, four-digit year |
| 5 | Marital status | Relevant to a spouse derivative claim |
| 6 | Date and day of accident | The accrual date drives the two-year deadline under 28 U.S.C. § 2401(b) |
| 7 | Time (a.m. or p.m.) | Approximate is acceptable where the record does not fix it |
| 8 | Basis of Claim — state in detail the known facts and circumstances attending the damage, injury, or death | The single most important narrative block. Vague entries are the most common substantive defect |
| 9 | Property damage — owner, description, nature and extent of damage, where it may be inspected | Usually not applicable to a medical malpractice claim |
| 10 | Personal Injury / Wrongful Death — the nature and extent of each injury or cause of death forming the basis of the claim | This is the injury narrative, not a dollar figure. Name the injured person if not the claimant |
| 11 | Witnesses — name and address | For malpractice claims this can include nurses, technicians and other staff present during treatment |
| 12a–12d | Amount of Claim in dollars: 12a property damage, 12b personal injury, 12c wrongful death, 12d total | This is the sum certain. Block 12d carries the form printed warning that failure to specify may cause forfeiture of your rights |
| 13a / 13b | Signature of claimant; phone number of the person signing | Must be signed by the claimant or someone with legal authority (power of attorney, guardian, executor) |
| 14 | Date of signature | The signature date is not the presentment date — receipt by the agency is |
| 15–19 | Insurance coverage questions — accident insurance, whether a claim was filed with your carrier, deductible, and public liability coverage | Aimed at vehicle and property claims; generally inapplicable to VA medical malpractice |
Blocks 1–7 — Agency, Claimant and Incident Basics
Block 1 is the agency, not the claimant — it names the federal agency whose employee caused the injury (for example the Department of Veterans Affairs, the Department of the Army, or the Department of the Navy). The claimant's own identifying details start at Block 2 and run through Block 5: name and address, type of employment, date of birth, marital status. Blocks 6 and 7 fix the date, day and time of the incident.
Ensure every claimant who has a claim is included in Block 2 — family members such as spouses and children may have their own claims for loss of consortium or wrongful death.
Block 8 — Basis of Claim
Block 8 asks you to "state in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof."
This is arguably the most important part of the SF-95. The description must be thorough yet precise. For medical malpractice claims, that means explaining what the standard of care required, how the federal medical provider deviated from that standard, and how that deviation caused your injuries.
Block 10 — Nature and Extent of Injury
Block 10 asks for "the nature and extent of each injury or cause of death, which forms the basis of the claim." If the injured person is not the claimant — a deceased veteran in a wrongful-death claim, or a child — Block 10 is where you name them.
Note what Block 10 is not: it is the injury narrative, not a dollar amount. The money goes in Block 12. Claimants who put a figure here and leave Block 12 blank have not stated a sum certain.
Block 11 — Witnesses
List the names and addresses of any witnesses to the incident. For medical malpractice claims, this may include nurses, technicians, or other medical staff who were present during the relevant treatment.
Block 12 — The Sum Certain (Your Dollar Amount)
Block 12 is where the dollar amounts go, and it is subdivided:
- 12a — Property damage
- 12b — Personal injury
- 12c — Wrongful death
- 12d — Total
The total in 12d is your "sum certain." Under the FTCA, you generally cannot recover more in a lawsuit than the amount claimed on your SF-95 — the cap in 28 U.S.C. § 2675(b), which lifts only where the increase rests on newly discovered evidence not reasonably discoverable when the claim was presented, or on intervening facts. Setting this number too low can permanently cap your recovery; setting it without proper analysis may raise credibility concerns.
The form does not leave this to inference. Block 12d carries its own printed warning on the face of the SF-95: "Failure to specify may cause forfeiture of your rights."
An experienced FTCA attorney will work with medical experts, economists, and life-care planners to calculate the full value of your claim before the SF-95 is submitted.
Blocks 13–14 — Signature and Date
The claimant (or their authorized representative) signs at 13a and gives a contact phone number at 13b; the date of signature goes in Block 14. The completed SF-95, along with all supporting documentation, must then be submitted to the appropriate federal agency.
Critical: The claim is considered "presented" on the date the agency receives the SF-95, not the date you signed it and not the date it was mailed. Plan for delivery time, or use certified mail / hand delivery to confirm receipt.
Common SF-95 Mistakes That Can Jeopardize Your Claim
After 25+ years of FTCA practice, we have seen many claims fail due to avoidable mistakes on the SF-95. Here are the most common:
-
Missing the statute of limitations — Your SF-95 must be received by the agency within two years of the date the claim accrued under 28 U.S.C. § 2401(b). Active-duty servicemembers filing with the Department of Defense under 10 U.S.C. § 2733a also have two years. A late filing will almost always bar the claim.
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Setting the sum certain too low — Many unrepresented claimants undervalue their claim because they do not account for future medical expenses, lost earning capacity, or the full extent of pain and suffering. Once filed, this number generally cannot be increased.
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Omitting claimants — If a spouse or child has a derivative claim (loss of consortium, wrongful death), they must be included on the SF-95 or in a separate filing. Failure to include all claimants may waive their rights.
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Vague incident descriptions — Stating simply "I was injured at the VA hospital" is insufficient. The description must identify the specific negligent act, the standard of care that was breached, and the causal connection to your injury.
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Filing with the wrong agency — The SF-95 must be submitted to the federal agency whose employee caused the injury. Filing with the wrong agency does not stop the statute of limitations from running.
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Failing to include supporting documentation — While not strictly required at the SF-95 stage, including medical records, expert opinions, and other supporting evidence strengthens your administrative claim and can lead to faster, higher settlements.
-
Signing errors — The form must be signed by the claimant or a person with proper legal authority (power of attorney, legal guardian). Unsigned forms may be rejected.
Filing your SF-95 and want legal guidance?
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SF-95 Filing Timeline and Deadlines
Understanding the timeline is critical to preserving your rights. Here is a summary of the key deadlines:
SF-95 filing timeline and statutory deadlines
| Milestone | Deadline |
|---|---|
| Injury occurs | Clock starts on statute of limitations |
| File SF-95 (administrative claim) | Within 2 years of the date the claim accrues — active-duty claims under 10 U.S.C. § 2733a(b)(4) are also 2 years |
| Agency investigation period | 6 months from date agency receives SF-95 |
| Agency final determination | Within 6 months, or treated as denial |
| File federal lawsuit (if denied) | Within 6 months of agency denial letter |
| File federal lawsuit (if no response) | After 6 months of agency inaction |
Federal courts enforce each of these deadlines strictly. The Supreme Court held in United States v. Kwai Fun Wong, 575 U.S. 402 (2015), that the § 2401(b) time limits are not jurisdictional and can be equitably tolled — but courts grant tolling only rarely, so no claimant should plan on it. If you believe you have a claim, contact an experienced FTCA attorney immediately to ensure your deadlines are protected.
For more details on filing deadlines, see our guide on the FTCA statute of limitations.
What Happens After You Submit Standard Form 95?
Once the appropriate federal agency receives your SF-95, the administrative claims process begins:
Agency Investigation (0–6 Months)
The agency assigns your claim to a claims examiner or attorney who will review the SF-95, gather additional information, obtain medical records, and may arrange independent medical examinations. For VA medical malpractice claims, the VA's Office of General Counsel typically handles the investigation.
Negotiation Phase
During the investigation period, the agency may contact your attorney to discuss the claim. This is an opportunity for settlement negotiations. Having a strong SF-95 with thorough supporting documentation — medical expert opinions, damages calculations, and a clear narrative of negligence — gives your attorney significant leverage during these discussions.
Agency Response
The agency can respond in one of three ways:
- Approve the claim — The agency agrees to pay the amount claimed (or a negotiated settlement amount). This resolves the matter without litigation.
- Deny the claim — The agency issues a formal denial letter. You then have six months to file a lawsuit in the appropriate federal district court.
- No response within 6 months — If the agency takes no final action within six months, the claimant may treat this as a denial and proceed to file a lawsuit.
Federal Court Litigation
If your claim is denied or the agency fails to act, your attorney can file a lawsuit against the United States in federal district court. FTCA cases are tried before a federal judge — there is no right to a jury trial. The Archuleta Law Firm has extensive experience litigating FTCA cases in federal courts across the country.
What Is the Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) is a federal statute that waives the government's sovereign immunity and allows citizens to file civil lawsuits against the U.S. Government for certain types of torts. The FTCA holds the government to the same standard of care as a private citizen under the applicable state law.
However, FTCA cases differ significantly from standard tort cases. Claimants must exhaust the administrative claims process by filing an SF-95 before filing a lawsuit — this is called "exhausting your administrative remedies." Veterans, servicemembers, and their families injured by the U.S. government must file their claims correctly and before the statute of limitations expires. Failure to do so can result in your claim being denied or barred permanently.
The Archuleta Law Firm has represented veterans, servicemembers, and their families in all 50 states for 25+ years. According to our analysis of Treasury Judgment Fund data, we have recovered $145 million across 600 FTCA cases, with our clients receiving an average of $241,641 per settlement — significantly higher than the $63,219 average for unrepresented claimants.
Get Help With Your Standard Form 95
Filing a Standard Form 95 is the most critical step in pursuing a federal tort claim. The information you provide, the amount you claim, and the timing of your filing can make or break your case. Do not attempt to navigate this process alone.
The Archuleta Law Firm offers a free case evaluation for veterans, servicemembers, and their families. Our team — which includes a doctor-attorney and a nurse — will review the medical and legal merits of your case and guide you through every step of the SF-95 process.
Call 1-800-798-9529 or submit your case online today. No fee unless we recover compensation for you.
Download Standard Form 95 (PDF) → | Download from GSA →
The information provided on this website does not, and is not intended to, constitute legal advice. All information, content, and materials available on this site are for general informational purposes only. Readers should contact their attorney to obtain advice concerning any legal matter.
The author, EJ Archuleta, J.D., is a 13-year federal practice lawyer. He is licensed to practice law in the courts of the State of Texas, is a member of the State Bar of Texas, and is admitted to the United States District Court for the Western District of Texas. He has helped hundreds of military service members, veterans, and their families receive compensation for injuries and wrongful death caused by the Department of Veterans Affairs.
More FTCA Filing Guides
- Can You Sue the Government? → — Complete guide to suing the U.S. Government under the FTCA
- FTCA Statute of Limitations → — Critical deadlines for filing your FTCA claim
- FTCA and VA Tort Claim Payouts → — 16-year analysis of $145M in FTCA settlements
- How to Sue the Federal Government → — What the FTCA covers, what § 2680 bars, and what it costs to file
- Can You Sue a VA Hospital? → — Who can bring a VA malpractice claim, and on what grounds
- USPS and Federal Vehicle Accidents → — The FTCA route after a collision with a federal vehicle
- Choosing a Federal Tort Claims Attorney → — What government-side experience changes, and the statutory fee cap
- FTCA Claim Dos and Don'ts → — Essential guidance before filing your claim
- Building a Team of Experts → — How expert witnesses strengthen your case
- Veterans Medical Malpractice & the FTCA → — VA medical malpractice claims guide
- Case Results → — $145M+ recovered for veterans and their families
