Federal Tort Claims Lawyer

There are millions of veterans who receive care at VA hospitals, federally funded clinics, nursing facilities, and military bases. However, when something goes awry and the veteran sustains an injury or fatality due to negligence on behalf of a federal employee, that veteran (or their surviving spouse) can initiate a claim for compensation and a sense of justice. Our federal tort claims lawyer can walk you through the procedural nuances, requirements for evidence, potential beneficial outcomes, and statute of limitations for your case. At Glover Luck LLP, we can help you navigate a complex system to yield the best outcome possible.

What A Federal Tort Claim Covers

Based on laws under the Federal Tort Claims Act (FTCA), the U.S. is responsible for monetary damages that a veteran sustains, such as compensation for loss of property, injuries, or death. Our federal tort claims attorney firmly believes that any wrongful act or negligent omission committed by a governmental employee while performing the scope of their job duties should be held accountable for the harm caused. Examples of common medical malpractice offenses that our federal tort claims lawyer has seen in past claims include:

• Surgical errors
• Misdiagnosis or harmful delayed diagnosis
• Unsuitable treatment plan
• Pharmacy or prescription mistakes
• Failing to run diagnostics or misinterpreted lab results
• Failing to identify cancer, heart attack, or stroke
• Preventable complications for common illnesses
• Birth injury suffered by newborns and/or their mothers

How We Get Started On Your Claim

The first step in filing a federal tort claim is to submit paperwork with the administration that is responsible for handling the allegedly wrongful act or negligence. For instance, if your situation is about medical malpractice at a VA facility, you have to send your claim to their VA Regional Office. As our federal tort claims attorney explains, this claim has to be filed within a couple years of the veteran’s injury or fatality. After this is sent, the VA has six months to give you a response through either entering into negotiations for a settlement, granting the claim, or denying the claim.

The claimant can wait for the VA to respond or follow through to handling it in federal district court. If your claim has been denied, don’t worry. You have six months from then to file a suit in the federal district court. It is important to have strong documentation and evidence that supports your claims. We suggest speaking with our federal tort claims attorney as soon as you can for advice on your individual circumstances.

Glover Luck LLP

At Glover Luck LLP, we are here to support veterans or their surviving spouse with federal tort claims and other related matters. We see veterans as strong citizens and soldiers who gave part of themselves to this country. They deserve the best care and representation when it comes to legal matters. Our federal tort claims lawyer takes the time to understand what your situation is and then uses our knowledge of laws, strategies, and programs to get the best possible outcomes. Our legal services are based on a passion of supporting veterans and their families. Please contact us today if you would like to get started.

Federal Tort and Section 1151 Claims

Every year, millions of veterans receive medical care at VA hospitals and nursing facilities, federally funded clinics, and military bases. When something goes wrong and the veteran suffers an injury or death due to the negligence of a federal employee, the veteran or his/her spouse may pursue claims under the Federal Tort Claims Act (FTCA) or Title 38 U.S.C. §1151 (section 1151).

While both claims can be pursued simultaneously, it is important to know the procedural nuisances, evidentiary requirements, statute of limitations, and potential benefits of each claim. Consulting with one of our knowledgeable and experienced attorneys can help you navigate these complex systems.

The FTCA also covers injuries in federal buildings and national parks and automobile accidents with governmental employees. If you believe you have been injured by a federal agency or employee, let us help you determine whether you can sue the federal government under the FTCA and navigate your claim through the complex legal process.

Federal Tort Claim FAQs

What is an FTCA claim and what does it cover?

Under the Federal Tort Claims Act (FTCA) the United States is liable for money damages for injury, loss of property, personal injury, or death, in the same manner and to the same extent as a private individual under the same circumstances. This includes any negligent or wrongful act or omission of any governmental employee while in the scope of his/her employment but most commonly involves medical malpractice such as:

• Misdiagnosis
• Surgical mistakes
• Failure to diagnose cancer, stroke, or heart attack
• Birth injury suffered by newborns or their mothers
• Preventable complications of common diseases

The FTCA also covers injuries in federal buildings and national parks and automobile accidents with governmental employees. If you believe you have been injured by a federal agency or employee, let us help you determine whether you can sue the federal government under the FTCA and navigate your claim through the complex legal process.

How do I get started?

The first step in a federal tort claim is the filing of an administrative claim using Standard Form 95 (SF 95) with the administration that allegedly committed the negligent or wrongful act or omission. For example, in cases involving medical malpractice at a VA facility a claimant would file the administrative claim at his/her VA Regional Office. Generally, the administrative claim must be filed within two years of the veteran’s injury or death but there are some exceptions.

Once the administrative claim is filed, the VA has six months to respond by granting the claim, entering into negotiations for a settlement, or expressly denying the claim. However, the VA can, and often does, take longer than six months to respond which is considered an implied denial. In that situation the claimant can either wait for the VA to respond or proceed in federal district court.

If the administrative claim is denied, the claimant has six months to file suit in federal district court. Failure to meet any deadline in an FTCA claim may bar relief so it is important to consult with an attorney as soon as possible. Additionally, damages are limited to the amount stated in the plaintiff’s administrative claim unless there is newly discovered evidence that was not reasonably discoverable at the time the administrative claim was filed. Therefore, it is equally as important to consult with an attorney regarding the amount and type of damages so as to not undercut your recovery.

Initiating a FTCA claim is stressful, challenging, and full of pitfalls that can quickly destroy any chance of recovery. If you believe that you or a loved one may have a valid federal tort claim contact us immediately at 844-244-VETS (8387) or 214-741-2005 for a free case evaluation. We will gladly review the details of the case discuss the best course of action. Our firm is based in Dallas, Texas, and can handle FTCA claims anywhere.

What is a medical malpractice and vocational injury claim under section 1151?

In addition to an FTCA claim, a veteran or his/her surviving spouse may receive monthly benefits under Title 38, section 1151 of the United States Code if the veteran’s disability or death was caused by VA medical malpractice. This includes malpractice related to hospital care, medical or surgical treatment, or examination furnished to the veteran in a VA facility or in a facility providing such services on behalf of the VA.

Section 1151 awards compensation for an additional disability or death in the same manner as if such additional disability or death were “service-connected”. The monthly compensation for a service-connected disability is federal and state tax-free and varies with the degree of disability, ranging from 0 to 100 percent. To be successful, the claimant must show that the veteran’s disability or death was the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. Alternatively, that claimant can show that the disability or death was an event that was not reasonably foreseeable (i.e. a reasonable health care provider could not have foreseen the disability or death).

A veteran or surviving spouse can initiate a section 1151 claim by filling out an application online through eBenefits or by contacting his/her VA Regional Office. There is no statute of limitations that will bar recovery under a section 1151 claim, but a claimant only has one year to appeal the denial of the claim before the denial becomes final. If the one year appeal window has passed, the VA will not be reopen the claim without new and material evidence. If you or a loved one has a section 1151 claim that has been denied, contact us immediately at 844-244-VETS (8387) or 214-741-2005 for a free case evaluation. We will gladly review the details of the case discuss to determine the best course of action available to you. Our firm is based in Dallas, Texas and can handle section 1151 claims anywhere.

Federal Tort History

In 1946, The Federal Tort Claims Act gave American citizens the right to sue the federal government for the first time.