Experienced Attorneys Helping Veterans Navigate the Complex Claim Process
Before you can file a lawsuit against the government under the Federal Tort Claims Act, you must file an administrative claim with the agency that committed the negligence, known as Standard Form 95. This is known officially as Notice of Claim. Only after your claim is denied and your administrative remedies are exhausted can you proceed with a lawsuit against the government.
Filling out a Notice of Claim form sounds easy enough, but the Federal Tort Claims Act is complex, and other circumstances may raise new questions and make filling out and filing the form more difficult. For example:
- Were you treated overseas?
- Was the doctor an employee of the government or an independent contractor?
- In what state did the negligence occur?
- Does the claim’s “sum certain” fall within the guidelines of the agency the claim is against?
- In which Veterans Affairs (VA) hospital did the problem occur?
- Where is the claim to be delivered?
Clearly, a lawyer with experience is in order. For more than 30 years, the attorneys of McKeen & Associates have handled medical malpractice and personal injury cases and have developed a thorough understanding of the Federal Tort Claims Act. The lawyers at McKeen & Associates, P.C., are here to help. Call 313-524-8570 or contact us online.
File Within Two Years, But Contact Us Immediately
The clock starts ticking two years from the date you knew of the existence and cause of the negligence. When drafting a Notice of Claim, it must include specific and sufficient information to permit the agency to investigate and evaluate the claim. Once the claim is filed, that agency has six months from the date the claim is filed to investigate and reach an administrative settlement of the claim. This assumes the claim was found valid in the first place, i.e., everything was filled out correctly.
If your claim is denied or we don’t agree with the results of the claim, you can then file a lawsuit against the United States government.
This probably seems like a long, drawn-out process, but an experienced lawyer can help get you started on the right track, setting forth the basis of the claim and the basis of liability, pinpointing the specifics regarding how the negligence occurred or how inappropriate conduct caused an injury.
Filing a federal tort claim is the equivalent of filing a lawsuit. It is not for amateurs!
The law firm of McKeen & Associates is happy to provide you with the representation you deserve. To discuss your case with one of our lawyers, call us at 313-524-8570 or contact us by email. Our office is in Detroit, Michigan, and we handle Federal Tort Claims Act cases nationwide.