The Need For Filing a Federal Tort Claims Act ("FTCA") SF-95 by Consumers Injured by the Negligent Acts of Federal Employee
When a person is injured by the negligence of an employee of the United States government acting within the scope of his or her federal employement, the Federal Tort Claims Act ("FTCA") is the sole statutory remedy for compensatory damages. Generally, a consumer must present an administrative tort claim to the appropriate federal agency within two years of the injury in order to preserve his or her claim. Many injured consumers undertake to file an administrative tort claim prior to consulting with a lawyer. The preferred method of perfecting an administrative claim is the Standard Form 95 ("SF95). The steps below help guide the consumer-plaintiff, who has not yet consulted with an attorney, through the proper steps of filling out an SF-95 in order to properly present an administrative claim with the federal government.
Obtaining an FTCA SF-95
A Standard Form 95 ("SF-95") can be obtained by the consumer-claimant by contacting a federal agency or searching the internet. An SF-95 is not required to perfect an FTCA claim, but it is the preferred method. For an example of an SF-95, see www.joegriffith.com/ftca-claims.html.
FTCA Claim Form SF-95 Box 1
Box 1. Submit to Appropriate Federal Agency. The consumer-plaintiff inserts the name and address of the federal agency which caused the injury.
FTCA Claim Form SF-95 Box 2
Box 2. Name, Address of claimant and claimant's personal representative, if any. The consumer-claimant inserts the name, number, street, city, State and Zip Code of the claimant and claimants' representative, if any.
FTCA Claim Form SF-95 Box 3
Box 3. Type of Employment. The consumer-plaintiff inserts the type of employment of the claimant, either military or civilian.
FTCA Claim Form SF-95 Box 4
Box 4. Date of Birth. The consumer-claimant inserts his or her date of birth.
FTCA Claim Form SF-95 Box 5
Box 5. Marital Status. The consumer-plaintiff inserts the his or her marital status.
FTCA Claim Form SF-95 Box 6
Box 6. Date and Day of Accident. The consumer-claimant inserts the date and day of the accident. A(C) Joseph P. Griffith, Jr. 2010