Last Updated: February 10, 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.
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 divided into several sections. Each section must be completed carefully. Below is a step-by-step overview of the key fields and what they require.
1. Claimant Information (Sections 1–3)
Provide the full legal name, date of birth, and current mailing address of the person making the claim. If the claim is being filed on behalf of a minor or deceased person, the legal representative's information must also be included. Ensure every claimant who has a claim is included — family members such as spouses and children may have their own claims for loss of consortium or wrongful death.
2. Agency and Basis of Claim (Sections 4–8)
Identify the specific federal agency whose employee caused the injury (e.g., Department of Veterans Affairs, Department of the Army, Department of the Navy). Provide the date, time, and location where the injury occurred, along with a detailed description of how the injury happened and why the federal government is responsible.
This section is arguably the most important part of the SF-95. The description of the incident must be thorough yet precise. For medical malpractice claims, this means explaining what the standard of care required, how the federal medical provider deviated from that standard, and how that deviation caused your injuries.
3. Witness Information (Section 9)
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.
4. The Sum Certain — Your Dollar Amount (Sections 10–12)
This is a critical section. You must provide a specific dollar amount for:
- Property damage (Section 10)
- Personal injury (Section 11)
- Wrongful death (Section 12)
The total of these amounts is your "sum certain." This number is significant because, under the FTCA, you generally cannot recover more in a lawsuit than the amount claimed on your SF-95 (with some limited exceptions). Setting this number too low can permanently cap your recovery; setting it without proper analysis may raise credibility concerns.
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.
5. Signature and Filing (Section 13)
The claimant (or their authorized representative) must sign and date the form. The completed SF-95, along with all supporting documentation, must 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 it is 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:
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Missing the statute of limitations — Your SF-95 must be received by the agency within two years of the date the claim accrued (three years for active-duty servicemembers). Even one day late means your claim is barred forever.
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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.
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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.
SF-95 Filing Timeline and Deadlines
Understanding the timeline is critical to preserving your rights. Here is a summary of the key deadlines:
| Milestone | Deadline |
|---|---|
| Injury occurs | Clock starts on statute of limitations |
| File SF-95 (administrative claim) | Within 2 years of injury date (3 years for active-duty) |
| 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 |
Each of these deadlines is strictly enforced by federal courts. There are no extensions and very limited exceptions. 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.
Related Articles
- 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
- 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