| Early in my career as a Utah injury attorney, a young, | | | | the claim will not be considered valid. |
| Air National Guardsman came to me. | | | | APPROPRIATE FEDERAL AGENCY |
| He had been watching a softball game near the Salt | | | | If the claim is filed with the wrong federal agency, it |
| Lake City Airport when a gust of wind picked up a | | | | may be forwarded to the appropriate one if known. |
| piece of plywood from land owned by the | | | | However, if it is not clear which federal agency |
| government. The wind carried the plywood one | | | | caused the injury, then the claim will be returned to the |
| hundred feet and dropped it on the young man's wrist. | | | | claimant and will not be considered timely filed. |
| A highly respected Salt Lake City attorney told him the | | | | SIGNATURE OF CLAIMANT |
| case was, at best, worth nuisance value of one | | | | The SF Form 95 must be signed by the person |
| thousand dollars. The attorney was experienced but | | | | making the claim for by his representative. If signed by |
| not in injury law. | | | | a representative such as a lawyer then proof of the |
| In the law of "Torts", (injury law) injuries caused by | | | | relationship (such as a fee agreement) must be |
| nature are known as "Acts of God." Was this an Act | | | | attached. |
| of God? Not if it could have been predicted, says Utah | | | | IDENTIFICATION OF THE CAUSE |
| injury law. | | | | The written claim must clearly spell out the |
| Research from the National Weather Service showed | | | | circumstances which gave rise to the injury and why |
| wind gusts were common near the Salt Lake City | | | | the government is at fault. This allows the agency's |
| Airport. Therefore, the Federal government should | | | | claims personnel to investigate the claim. |
| have tied down the plywood. | | | | AGENCY HAS SIX MONTHS TO INVESTIGATE |
| Claims against the federal government come under a | | | | THE CLAIM |
| special law passed by Congress called the Federal | | | | If the federal agency fails to investigate the claim within |
| Tort Claims Act (FTCA). The young man's claim under | | | | six months then suit may be filed. Suit may be filed |
| the FTCA resulted in a settlement thirty six (36) times | | | | before expiration of the six months if the agency has |
| that predicted by the Salt Lake City attorney. | | | | completed "final administrative action". This occurs |
| AN FTCA CLAIM MUST BE FILED WITHIN TWO | | | | when the agency either 1) denies the claim, or 2) |
| YEARS | | | | makes its final settlement offer. |
| Under the FTCA a claimant must file a written | | | | SUIT TAKES PLACE IN FEDERAL COURT |
| administrative claim with the applicable Federal agency | | | | The lawsuit against the federal government, if it |
| within two years of the accrual of the claim. | | | | becomes necessary, takes place in United States |
| TIME OF ACCRUAL | | | | District Court (federal court) where the injured person |
| Accrual occurs when the government violates a | | | | lives or where the government's act or omission took |
| persons rights and he or she is damaged because of | | | | place. |
| it. If a postman drives over your foot while you are | | | | There is no right to a jury in federal tort claims, the |
| checking your mail, for example, accrual would be the | | | | case is tried and decided by a federal judge. |
| moment his tire hits your foot. | | | | DISCLAIMER |
| INITIATING A CLAIM | | | | This article is provided for informational purposes only |
| To start the claim, the man with the injured foot would | | | | and is not intended to constitute legal advice. Please |
| typically file United States Government Standard Form | | | | consult relevant legal treatises and authorities or an |
| 95 (SF-95) with the appropriate Federal agency. | | | | experienced injury lawyer for specific legal advice on |
| SPECIFIC DOLLAR AMOUNT REQUIRED | | | | your FTCA claim. |
| The claimant must ask for a specific dollar amount or | | | | |