Archuleta Law Firm

With over 25 years of experience, we are experts in Veterans' Medical Malpractice and FTCA cases, providing nationwide legal support to those who've served.

[Archuleta Law Firm @MilitaryMedMal]

Myth that costs families their rights: "You can't sue the VA." You can. FTCA wrongful death claims start with an SF-95 filed with VA Office of General Counsel within 2 years of death. Miss that deadline and the case is dead on arrival.

https://t.co/tx5wO1lxyf

[Archuleta Law Firm @MilitaryMedMal]

Myth that costs families everything: "You can't sue the VA."

You can. Under the FTCA, surviving spouses, children, and estates have 2 years from date of death to file an SF-95 with VA Office of General Counsel. Miss it, case is dead.

https://t.co/tx5wO1lxyf

[Archuleta Law Firm @MilitaryMedMal]

"Forever barred." That's the exact language Congress used in 28 U.S.C. § 2401(b). Miss the 2-year FTCA administrative deadline after VA negligence killed your loved one and a federal judge will dismiss the case. No jury. No second chance.

https://t.co/EcssStcS4C

[Archuleta Law Firm @MilitaryMedMal]

Treasury Judgment Fund data, 2009-2025: represented FTCA claimants averaged $241,641 per case. Pro se claimants averaged $63,219.

Same statute. Same courts. 282% difference.

The SF-95 sum certain caps your recovery. Get it wrong once, you live with it.

https://t.co/sYMYJPSAeN

[Archuleta Law Firm @MilitaryMedMal]

USPS recorded ~29,000 motor vehicle accidents in FY2019 alone. Hit by a mail truck? You're not suing a driver. You're suing the federal government. SF-95 within 2 years or your claim is dead. No exceptions. https://t.co/qDurRS9bMF #FTCA

[Archuleta Law Firm @MilitaryMedMal]

Treasury Judgment Fund data (2009-2025): represented FTCA claimants recover an average of $241,641. Pro se claimants average $63,219.

Nearly 4x difference. The SF-95 isn't a form. It's a procedural minefield with a 2-year fuse.

https://t.co/WuGkLfxNCf

[Archuleta Law Firm @MilitaryMedMal]

Treasury Judgment Fund data tells the story: represented FTCA claimants average $241,641. Pro se claimants average $63,219.

Same law. Same VA. Different outcomes.

The SF-95 sum certain you write is the ceiling. You can't raise it later.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

USPS recorded ~29,000 motor vehicle accidents in FY2019 alone. Hit by a mail truck? You can't just sue. SF-95 to USPS within 2 years or your claim is dead. No jury. No punitives. The clock started the day of the crash.

https://t.co/qDurRS9bMF

[Archuleta Law Firm @MilitaryMedMal]

Treasury Judgment Fund data, 2009-2025: represented FTCA medical malpractice claimants recovered an average of $241,641. Pro se claimants? $63,219.

That's a 282% gap. The SF-95 sum certain trap is doing most of the damage.

https://t.co/sYMYJPSAeN

[Archuleta Law Firm @MilitaryMedMal]

Treasury Judgment Fund data tells the story: represented FTCA claimants average $241,641. Pro se claimants average $63,219.

Same law. Same VA. Different outcome.

The SF-95 sum certain you write is the ceiling. You can't raise it later.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Represented FTCA claimants average $241,641. Pro se claimants average $63,219. Same law. Same VA. Same form. The gap is knowing that the "sum certain" on your SF-95 is a ceiling you can't raise later.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Myth that won't die: "You can't sue the VA." Yes you can. FTCA, 1946, sovereign immunity waived for tort claims. Catch: your case is governed by the state law where the malpractice happened. Texas rules in Houston. California rules in Palo Alto.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Biggest myth we fight: "You can't sue the VA."

Yes, you can. Under the FTCA, and your claim follows the law of whichever state the VA facility sits in. Houston malpractice = Texas law. Palo Alto = California law.

That choice of venue matters.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Biggest misconception in the veteran community: "You can't sue the VA." Wrong. Under the FTCA, you can. Your claim runs against the United States itself, governed by the law of the state where it happened. Miss that nuance, lose the case.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Yes, you can sue a VA hospital. The FTCA waived sovereign immunity in 1946 for exactly this reason. But your claim is governed by the law of the state where the malpractice happened, not federal law. Texas VA? Texas rules. California VA? California rules.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Yes, you can sue a VA hospital. No, you can't sue the doctor personally. Under the FTCA, the United States substitutes as defendant (28 U.S.C. § 2679), and the standard of care comes from the STATE where the malpractice happened, not federal law.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Biggest myth we hear: "You can't sue the VA." Wrong. Under the FTCA, you sue the United States itself, and state law governs the case. Malpractice in Houston? Texas rules. Palo Alto? California rules. Knowing the difference matters.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

The SF-95 kills more VA malpractice cases than bad doctors do. The "sum certain" you write on that form is your ceiling. You can't raise it later. Injuries get worse, future costs emerge, doesn't matter. Lock it in wrong and you're done.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Myth that costs veterans their rights every day: "You can't sue the VA."

You can. Under the FTCA, against the United States itself. But the SF-95 must be RECEIVED (not postmarked) within 2 years. Miss it, case is gone.

https://t.co/f54SptxNy0

[Archuleta Law Firm @MilitaryMedMal]

Treasury data: veterans with an attorney recover an average of $241,641 on VA malpractice claims. Those who file the SF-95 alone average $63,219.

The sum certain you write on that form is a ceiling. You can't raise it later.

https://t.co/f54SptxNy0