Can You Sue the VA for a Wrongful Death?
Yes. When a veteran dies because of negligent care at a VA or military hospital, the family can bring a wrongful death claim against the federal government under the Federal Tort Claims Act. The claim must first be presented in writing to the responsible agency — normally on Standard Form 95 — within two years of the death (28 U.S.C. § 2401(b)). Who may file and what may be recovered are decided under the wrongful death law of the state where the negligence occurred (28 U.S.C. § 1346(b)(1)).
Four federal rules that apply in every state
| Rule | What it means for your case | Authority |
|---|---|---|
| Two-year presentment deadline | The written claim must reach the agency within 2 years of death, before any lawsuit | 28 U.S.C. § 2401(b) |
| Administrative claim first | You cannot file suit until the agency denies the claim or 6 months pass with no decision | 28 U.S.C. § 2675(a) |
| No punitive damages | The United States is not liable for punitive damages, however egregious the conduct | 28 U.S.C. § 2674 |
| No jury | An FTCA case is tried to a federal judge, not a jury | 28 U.S.C. § 2402 |
Because state law supplies the wrongful death rules, two families with nearly identical facts can face different filing rights and different categories of recoverable damages depending on where the care was given.
Wrongful Death Due to Medical Malpractice
Losing a loved one due to medical malpractice is devastating. When that loss occurs at a military or VA medical facility due to preventable negligence, families deserve answers, accountability, and compensation for their immeasurable loss. The wrongful death attorneys at Archuleta Law Firm provide compassionate representation while fighting aggressively for justice.
Common Causes of Wrongful Death at VA and Military Facilities
- Surgical errors resulting in death
- Misdiagnosis of life-threatening conditions (cancer, heart disease, stroke)
- Medication errors or dangerous drug interactions
- Failure to treat or delayed treatment of critical conditions
- Post-operative complications ignored or mismanaged
- Anesthesia errors
- Emergency room negligence
- Hospital-acquired infections
- Failure to monitor vital signs
Who Can File a Wrongful Death Claim?
Under the Federal Tort Claims Act, the following family members may be able to file a wrongful death claim:
- Surviving spouse
- Children (biological and adopted)
- Parents (if the deceased had no spouse or children)
- Personal representative of the estate
Each state has specific wrongful death statutes that determine who can file and what damages can be recovered.
Damages in Wrongful Death Cases
While no amount of money can replace a loved one, wrongful death claims can recover:
Economic Damages:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost income and future earnings
- Loss of benefits (pension, health insurance)
- Value of household services lost
Non-Economic Damages:
- Loss of companionship and consortium
- Loss of guidance and counsel
- Pain and suffering of surviving family
- Loss of inheritance
Why Wrongful Death Cases Require Experienced FTCA Attorneys
Wrongful death claims against the VA or military are governed by the Federal Tort Claims Act. Our VA medical malpractice lawyers have handled hundreds of FTCA wrongful death cases nationwide. The FTCA has:
- A strict 2-year presentment deadline (28 U.S.C. § 2401(b))
- Complex administrative procedures — the SF-95 claim must precede any lawsuit (28 U.S.C. § 2675(a))
- State-law liability standards applied to a federal defendant (28 U.S.C. § 1346(b)(1))
- No right to jury trial — decided by a federal judge (28 U.S.C. § 2402)
- No punitive damages available (28 U.S.C. § 2674)
Over 16 years, Archuleta Law Firm has recovered $145 million across more than 600 federal tort claims, including wrongful death cases at VA and military facilities — figures traced to U.S. Treasury Judgment Fund records. Prior results do not guarantee a similar outcome; every case turns on its own facts.
The Legal Process
- Free Consultation: We review your case and medical records at no cost
- Investigation: We gather evidence, medical records, and expert opinions
- Administrative Claim: File Standard Form 95 with the appropriate federal agency
- Negotiation: Work with federal attorneys to reach fair settlement
- Litigation: If necessary, file federal lawsuit within 6 months of claim denial
Time is Critical
The 2-year statute of limitations for wrongful death claims begins from the date of death. However, gathering evidence, obtaining records, and building a strong case takes time. Contact us immediately to preserve your rights and evidence.
Start Your Free Case Evaluation
Frequently Asked Questions
How long do I have to file a wrongful death claim against the VA?
You must present a written administrative claim to the responsible federal agency within 2 years of your loved one's death; the statute says a late claim is "forever barred" (28 U.S.C. § 2401(b)).
One important qualification: that deadline is not jurisdictional. In United States v. Wong, 575 U.S. 402 (2015), the Supreme Court held that the FTCA's time limits can be equitably tolled. Courts grant tolling rarely and only in extraordinary circumstances, so it is not something to plan around — but if you believe your deadline has already passed, it is still worth having the facts reviewed rather than assuming the claim is dead.
What if the VA denies my wrongful death claim?
You have 6 months from the denial to file a lawsuit in federal court. Our attorneys have extensive experience in federal litigation.
How is compensation divided among family members?
Distribution depends on state wrongful death statutes and the relationship of survivors to the deceased. We help families navigate these complex distribution rules.
Do you handle wrongful death cases nationwide?
Yes. We represent families throughout all 50 states and internationally. Our practice focuses exclusively on FTCA claims, including wrongful death at VA and military facilities.
Related Reading
- Can a Veteran's Family Sue the VA for Wrongful Death? — who can file, survival vs. wrongful death damages, and why Feres does not bar these claims
- VA Malpractice Settlement vs. VA Disability Benefits — how a recovery interacts with survivor benefits
- FTCA Claim Process: Step by Step — the path from administrative claim to federal court
