Miss the deadline, and you lose the chance to file a claim. The Federal Tort Claims Act (FTCA) allows you to seek compensation for negligence at VA hospitals or military facilities. Here’s what you need to know:
- Deadline: File your administrative claim within 2 years of the incident.
- After Filing: The agency has 6 months to respond. If denied or ignored, you can file a lawsuit in federal court.
- Key Documents: Submit a completed Standard Form 95 (SF-95), medical records, financial records, and expert opinions.
Special Rules for Veterans: Veterans treated at VA facilities can file FTCA claims, but active-duty service members are restricted by the Feres Doctrine. Veterans and families must act within 2 years to avoid losing the right to compensation.
Need help? Legal guidance ensures your claim is properly filed and supported.
FTCA Administrative Claims Time Limits
Basic Time Limits
The Federal Tort Claims Act (FTCA) requires that you file an administrative claim within two years of the incident. If you miss this deadline, you lose your chance to seek compensation.
Missing the Deadline
If you file late, your claim will be dismissed, and you won’t be able to take it to federal court. There are no exceptions or appeals for missing this deadline. To avoid this, reach out to Archuleta Law Firm for a free evaluation and help with timely filing.
Next: Steps and deadlines for submitting an FTCA administrative claim.
How to File Your Own FTCA Claim (SF-95) Form
FTCA Filing Steps and Deadlines
After filing your claim within the two-year timeframe, the agency involved has six months to either settle or deny it. If they deny your claim or don’t respond within that period, you have the option to file a lawsuit in federal court. Archuleta Law Firm can assist in ensuring you meet these critical deadlines.
sbb-itb-ed66764
Required Claim Documents
To meet FTCA filing requirements, gather these documents as soon as possible to support your claim:
- Standard Form 95 (SF-95): The official claim form, completed and signed, outlining the incident and damages.
- Medical records: Comprehensive documentation, including test results and diagnostic reports, to demonstrate negligence.
- Financial records: Itemized medical bills, receipts, and other records of related expenses.
- Supporting evidence: Witness statements, photographs, and any relevant correspondence.
- Expert opinions: Medical assessments and evaluations from specialists regarding the injuries or damages.
- Legal guidance: The team at Archuleta Law Firm, which includes a Doctor-Lawyer and a Registered Nurse, can help clients collect, organize, and review all necessary documentation.
Having these materials in order ensures your claim complies with FTCA standards and is filed within the required two-year period. The next section will focus on specific rules for military and VA claims.
Military and VA Claim Rules
Filing FTCA malpractice claims for active-duty service members and veterans comes with specific rules. Knowing these distinctions is crucial to ensure claims are submitted properly.
Feres Doctrine Limits
The Feres Doctrine generally prevents active-duty service members from suing the federal government for injuries linked to their military service. This includes barring FTCA claims for medical injuries sustained during service. However, veterans treated at Department of Veterans Affairs (VA) facilities still have the right to file FTCA claims. These must be submitted within two years. Family members can also file claims for negligent VA care that leads to serious injury or death. As with all FTCA claims, required documentation includes the SF-95 form, medical records, and expert testimony.
These service-specific rules exist alongside the standard two-year filing deadline and documentation requirements.
Expert Legal Assistance
VA and military malpractice claims involve distinct federal procedures. Archuleta Law Firm’s team, which includes a doctor-attorney and nurses, specializes in handling FTCA documentation, evidence requirements, and agency deadlines to help strengthen your case.
Conclusion
Filing an FTCA administrative claim requires careful attention to detail and adherence to strict deadlines. To file correctly, you need to include complete medical records, expert testimony, and all supporting evidence – submitted within the required two-year period. Working with experienced legal counsel can help ensure you meet these critical requirements.
For veterans and military families pursuing claims against VA medical facilities, these cases require a deep understanding of federal procedures. Medical negligence at VA facilities impacts not only the individual patient but often their entire family, making it crucial to act quickly to secure compensation.
Although active-duty members are restricted from filing under the Feres Doctrine, veterans and their families still have a two-year window under the FTCA. Addressing malpractice at VA facilities requires prompt, knowledgeable action. Reach out to Archuleta Law Firm for a free evaluation before your two-year deadline.