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Our firm has achieved some of the highest judgments and settlements under the Federal Tort Claims Act across multiple states. With a track record of setting legal benchmarks nationwide, we are committed to delivering exceptional outcomes for our clients.
How Do I Sue The VA
How Do I Sue the VA?
You may be able to sue the Veterans Affairs (VA) hospital if you have been the victim of medical malpractice. If you or a family member have suffered serious personal injuries as a result of the negligence of a federal employee, you may be able to bring a claim against the Department of Veterans Affairs.
If the negligent health care provider in your case committed malpractice at a VA hospital, the case may be governed by the Federal Tort Claims Act (FTCA). The FTCA is a federal law that allows plaintiffs injured by the negligent acts of federal employees to file claims against the United States for damages.
Guide to Sue the VA
Before you can sue the VA, you must present an administrative claim within 2 years of the date of negligence to the appropriate federal agency before filing suit. The VA must be given at least six months to conduct an investigation before suit can be filed in federal court. If the claim is denied, a claimant must either request reconsideration or file a lawsuit in federal court within six months of the date of denial or the claim is forever barred. In addition, some state law pre-suit requirements may apply to your case, depending on the jurisdiction. Talk to your lawyer about what conditions must be satisfied before bringing a lawsuit against the VA in your case. If you are unable to resolve the case administratively, then suit must be timely filed in federal court to recover against the government.
Across the United States
Achieving Justice Nationwide with Unparalleled Verdicts and Settlements
National Trial Law has a storied history of securing landmark verdicts and settlements across the United States. Notable achievements include a $230 million judgment for survivors of the Sutherland Springs Church mass shooting, a $44.7 million trial judgment for a birth injury at an Air Force hospital, and a $21.5 million verdict for a veteran who suffered catastrophic brain damage due to malpractice at the Manchester VA Hospital—the largest personal injury award in New Hampshire history. These results underscore the firm's dedication to holding institutions accountable and delivering justice for their clients.
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Record-Setting $230,000,000
Trial Win Sutherland Springs Mass Shooting
Highest Verdict and Settlement in FTCA History -
Record-Setting $44,717,681
Trial Win Air Force Birth Injury -
Record-Setting $21,592,643
Trial Win VA Medical Malpractice -
Record-Setting $10,500,000
Settlement VA Medical Malpractice
Commonly Asked Questions
How Long Do I Have to File a Claim Against the VA for Medical Malpractice?
You have a two-year window from the date of the alleged negligence or the date you discovered the negligence to file an administrative claim against the VA for medical malpractice. Once you've submitted your claim, the VA has six months to respond. If your claim is denied, you then have six months from the date of denial to either request reconsideration or file a lawsuit in federal court. It's important to adhere to these timelines strictly, as missing them can bar you from recovering compensation.
What Happens if I File My Standard Form 95 With the Wrong Administrative Office?
Filing your Standard Form 95 with the wrong administrative office can lead to significant delays and may jeopardize your ability to recover compensation for your injuries. It's essential to identify and file your claim with the correct office. If you're unsure where to file, it's advisable to seek legal counsel. Our team at National Trial Law can help you file your claim correctly and can provide guidance throughout the process to avoid any missteps.
Should I File an Administrative Claim Myself?
You need to file a Standard Form 95.
- It must be filed with the correct Veterans Affairs office.
- It must state the nature of your claim and a “sum certain.”
- The Standard Form 95 must be filed within 2 years of accrual of the negligence.
Once the Standard Form 95 has been filed with the appropriate federal agency, then you must work with the agency to resolve your claim. There are a lot of pitfalls if you do not know what you are doing. If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period.
Our attorneys have decades of trial experience and are able to assist you in this process. Please contact us if you need a free evaluation of your claim.
Once you have filed your Standard Form 95, you must wait at least 6 months (maybe more depending on the course of your administrative claim) before you can file a federal lawsuit.
If you believe you are a victim of medical malpractice at an VA hospital, call us now—if you wait too long, it may be too late.
Contact Our Attorneys
It is extremely time-consuming and expensive to pursue a complex military case, but our firm can skillfully guide you through the litigation process. Contact our attorneys today to schedule a consultation.
What Sets Us Apart
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PEER APPROVED
More attorneys named Super Lawyers by Thomson Reuters in the “Personal Injury Medical Malpractice: Plaintiff” category in 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024, and 2025, than any other law firm in Texas (Bill Whitehurst, Chip Brees, Michelle Cheng, Jamal Alsaffar, Laurie Higginbotham and Tom Jacob)
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RECORD-SETTING RESULTS NATIONWIDE
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TEXAS ROOTS
Founded in Austin with more than 50 years of trial experience.
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NATIONAL REACH
National results in complex personal injury litigation.
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DEEP BENCH
Many experienced lawyers ready to serve you.
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SE HABLA ESPAÑOL
Our team has multiple Spanish speaking staff members.