Federal Tort Claims

Key Elements of an FTCA Claim

To file a valid claim, these six things must all be true:

• The claim is against the United States (not an individual).
• You are seeking money damages (financial compensation).
• The claim involves injury, property loss, or wrongful death.
• It was caused by a federal employee’s negligence.
• That employee was acting within the scope of their job.
• If a private person did the same thing, state law would hold them responsible.

This includes cases like:

• Medical malpractice at VA hospitals
• Negligence by federal employees
• Serious injuries or wrongful death caused by government workers acting within their jobs

What’s Covered vs. Not Covered

✅ Covered under FTCA

• VA hospital negligence (misdiagnosis, surgical errors, poor medical care)
• Accidents caused by federal employees while on duty
• Negligent supervision, unsafe conditions, or other careless acts

❌ Not Covered under FTCA

• Intentional harm (like assault or battery)
• Strict liability cases (fault without negligence)
• Negligence by federal contractors (unless it involves a “nondelegable duty”)
• Injuries that happened during active military service
• Claims tied to certain exceptions (combat, foreign countries, postal issues, quarantine, and others listed in the law)

What Damages Can Be Recovered?

• Economic damages: medical bills, future treatment, lost wages, reduced earning ability
• Non-economic damages: pain and suffering, emotional distress, loss of quality of life
• Loss of consortium: loss of companionship or support due to injury

Filing Deadlines and Process

• You must first file an administrative claim with the federal agency responsible.
• You have 2 years from when the injury happened to file.
• The agency has 6 months to respond.
  • If denied, you have 6 more months to file in federal court.
  • If ignored after 6 months, you may go directly to court.

⚠️ Important: Claims must be filed in the correct federal district court (where you live or where the act happened).

Why Legal Help Matters

FTCA claims are complex. Every state’s laws apply differently, and there are many exceptions that can block a case. An experienced veteran-focused law firm can:

• Gather the right evidence
• Calculate all possible damages
• Navigate federal procedures
• Fight to maximize your compensation

If you’ve been harmed by VA negligence or another federal employee, don’t go it alone. Contact our FTCA attorneys today for a free case review and let us fight for the justice you deserve.

WHAT IS THE FEDERAL TORT CLAIMS ACT (FTCA)? Click, here.

One of the greatest atrocities in America is the poor, dismal medical treatment provided to the majority of our veterans at medical facilities and hospitals operated by the Department of Veterans Affairs (VA). The quality of care provided at these facilities has continued to deteriorate year after year. These are not isolated events. Serious harm or death is typically the result of systemic deficiencies seen at VA facilities all over the country.  

Smolen Law believes that all veterans in the United States deserve the best medical treatment available, not the worst being currently provided. We believe that the only way to invoke change is to hold these facilities and medical providers accountable. 

This is where the Alpha Firm comes in. 

We believe that the medical errors and neglect running rampant in VA facilities can be corrected through the civil justice system. Bringing claims under the Federal Tort Claims Act (FTCA) on behalf of our military heroes creates the type of deterrence needed to bring about much-needed change.