can A civil suit be claimed against claims examiner and or supervisor/manager for fraudulent input of information which has affected me financially, physically and mentally?
State/Country relating to question: Illinois
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QUESTION: "can A civil suit be claimed against claims examiner and or supervisor/manager for fraudulent input of information which has affected me financially, physically and mentally?"
ANSWER: Yes, you can file suit. It works like this. For that type of civil litigation, you would be alleging tort law causes of action such as intentional infliction of emotional distress, Fraud and so forth. However, keep in mind that your opponents will be represented by legal counsel and you can bet they will vigorously defend against your lawsuit. Accordingly, in all candor your very first step should be to confer with an attorney,. which you could do for the exceptionally modest fee of $25 through the Illinois State Bar Association: Illinois Lawyer Finder.
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is there a time limit to the tort law causes?
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QUESTION: "is there a time limit to the tort law causes?"
ANSWER: Yes. The limitations period is two years pursuant to 735 ILCS 5/13-202, meaning you have that much time to file suit after the objectionable conduct occurred.
in section a of the following information I have found. What claim are they referring to? I have only recently discovered the Tort act so do I qualify for the exclusion of the day of the incident?
in section a of the following information I have found. What claim are they referring to? I have only recently discovered the Tort act so do I qualify for the exclusion of the day of the incident? § 750.36 Time limitations.(a) Administrative claim. Every claim filed against the United States under the FTCA must be presented in writing within 2 years after the claim accrues. 28 U.S.C. 2401(b). Federal law determines the date of accrual. A claim accrues when the claimant discovers or reasonably should have discovered the existence of the act giving rise to the claim. In computing the statutory time period, the day of the incident is excluded and the day the claim was presented included.(b) Amendments. Upon timely filing of an amendment to a pending claim, the DON shall have 6 months to make a final disposition of the claim as amended, and the claimant's option to file suit under 28 U.S.C. 2675(a) shall not accrue until 6 months after the presentment of an amendment. 28 CFR 14.2(c).(c) Suits. A civil action is barred unless suit is filed against the United States not later than 6 months after the date of mailing of notice of final denial of the claim. 28 U.S.C. 2401(b). The failure of the DON to make final disposition of a claim within 6 months after it is presented shall, at the option of the claimant any time thereafter, be deemed a final denial of the claim. 28 U.S.C. 2675(a).
Just to be clear I am understanding...are you asking about filing suit in state or federal Court?
Im assuming federal . I have not found any distinctions between state and federal in my research .i assuming federal .
QUESTION: "What claim are they referring to? I have only recently discovered the Tort act so do I qualify for the exclusion of the day of the incident?"
ANSWER: A claim refers to a federal tort claim. Yes, the law does exclude the day of the incident (and the day of filing) when calculating the time period. However, I would add as an important cautionary caveat that properly calculating the statute of limitations cannot be done in a venue like this, meaning an attorney must make that incredibly important determination after reviewing the relevant facts under the prevailing law.
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