The Standard Form 95 (often called a “Form 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 military medical malpractice.
The Standard Form 95 is a U.S. Government form used for filing a federal tort claim against the United States Government for torts caused by a federal employee’s negligence. It is the form that, when filed properly, commences an action against the U.S. Government.
The SF-95 may appear relatively straightforward to fill out by a claimant or their family members. However, the U.S. Government agency and its lawyers will highly scrutinize your answers to the questions on the Standard Form 95. Therefore, it is vital that you consult an experienced Federal Tort Claims lawyer before filling out and submitting your Standard Form 95. Failure to correctly complete and present your claims can mean the difference between successful and unsuccessful claims.
To file an FTCA claim against the federal government, you must present your Standard Form 95 to the appropriate federal agency before the statute of limitations expires. Presentation of a claim occurs when the appropriate agency receives the claim, not when it is mailed.
Generally speaking, you need to provide all of the information and supporting documents the claim form asks for. Here are a few points to watch out for:
Including the required and correct information on your Form 95 is fundamental and can often mean the difference between a successful claim and a failed claim. This is why it is so important to consult with a qualified FTCA lawyer.
The Federal Tort Claims Act (FTCA) is a federal law that allows citizens to file civil lawsuits against the U.S. Government for certain types of torts. In short, the FTCA removes the government’s sovereign immunity and gives the government responsibilities similar to those of a private citizen. However, these types of cases are often very different from typical tort cases. Injured parties must go through the administrative claims process before filing a lawsuit. This is called “exhausting your administrative remedies.” Veterans, servicemembers, and their families injured by the U.S. government or one of its agencies must file their claims correctly and before the statute of limitations. Failure to do so can result in your claim being denied or barred forever.
The Archuleta Law Firm has represented veterans, servicemembers, and their families in all 50 states and worldwide for the past 28+ years. We have experience handling cases at the administrative level as well as representing clients in federal court. If you need help bringing a tort claim against an agency of the United States such as the Department of Veterans Affairs, Army, Air Force, or Navy, contact our office today for a free case evaluation.
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