Notice of Claim - Form 95
The claimant (and counsel) must fill out Form 95. The formal name is SF 95 Claim for Damage, Injury or Death." All portions of the form 95 must be completed. Elements which are not applicable are generally filled in "N/A." The form has to be mailed certified mail/return receipt requested to the government agency at issue (i.e. the agency against whom the claim is being brought) care of the agency head or the agency’s general counsel, together with copies to the local agency head and any local counsel (if known).
Supporting the Personal Injury Claim
Th FTCA Form 95 must specify the type of recovery sought (i.e. personal injury). When making a personal injury claim, the claimant must submit a medical report from a treating physician, as well as medical bills indicating the date of each treatment, treatment given, and cost of each treatment. The treating doctor report should generally contain relevant information such as the patient information, past medical history, result of diagnostic testing, and the causal relationship between the event complained of and the medical condition.
This is Only the Beginning
Keep in mind that submitting the formal claim through Form SF 95 under the FTCA is only the first step to bringing an injury claim against the federal government. Strict time limits to file a lawsuit apply once the notice of claim has been properly submitted. Also, in FTCA claims, it is worth noting that there is no right to a jury trial. All such claims are tried to a judge, also known as a "bench trial."
