The Federal Tort Claims Act (FTCA) Process

When a government employee negligently injures another person, the Federal Tort Claims Act (FTCA) governs compensation claims. The FTCA process is much different from the standard personal injury claim process, and one misstep can easily put an injured person at risk for case dismissal.

At Winckler & Harvey, L.L.P., we have an acute knowledge of these specific situations, especially as they pertain to military and VA medical malpractice cases for active and veteran military members.

Make sure you work with an experienced attorney when going through this process to protect your potential for maximum compensation. Reach our Austin, Texas, office online or by telephone at 512-593-7399 (toll free at 888-640-1800) to schedule a free initial consultation.

Texas Lawyers For Government Form 95 Assistance

The Standard Form 95 (SF 95) is used to file a claim against a government agency. The FTCA claims process starts when this form, properly and fully filled out, is served on the appropriate government representative or administrator. It is also jurisdictional, so failing to fill it out and serve it properly can result in dismissal of a claim.

A Federal Tort Claim may not immediately be brought into lawsuit in federal court. First, it must undergo an administrative process with the agency accused of negligence. When filing a medical malpractice claim, you must provide the government with enough evidence of its negligence and your damages for the claim to be fully evaluated. Thus, the process puts a burden on the claimant, and the claim can be dismissed if adequate evidence is not presented. Filing a Federal Tort Claim will then typically follow the following path:

  1. Administrative review of claim and evidence presented on behalf of the claimant by the government agency accused of negligence
  2. Agency investigation of claim using the detailed information provided by the claimant (i.e., explanation of events, independent medical expert witness analysis of the government negligence, witnesses, proof of lost wages or property damage, injury documentation or death certificate, etc.)
  3. Acceptance or rejection of claim
  4. If the claim is not resolved at this level, the attorneys will then file a medical malpractice lawsuit in federal court

Claims should be filed as soon as possible. The FTCA outlines various deadlines and a statute of limitations. If these strict deadlines are missed, you could cause your claim to be rejected or dismissed entirely, putting your potential for recovery at risk. Do not wait until your time is almost up to have your claim filed; work with an experienced attorney at our firm now!

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