Personal Injury Law
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Answered in 11 hours by:
5/7/2009
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 8,614
Experience: 20 years professional experience
Verified
If you were injured due to the negligence of a doctor or other medical personnel at a VA hospital, you may sue the U.S. government under a federal law called the Federal Torts Claims Act. The FTCA is broad and allows lawsuits against the U.S. government for a variety of claims, including medical malpractice.
Before you can sue, you have to make an administrative claim against the VA for the full amount of damages you have suffered. This claim can be made on a Standard Form 95 that is available from government agencies and U.S. Attorney offices.
You should have an experienced medical malpractice lawyer to tell what to put on the form for your damages. If you write in a too small of an amount for damage on the form, you lose your right to the rest forever.
Once your administrative claim is filed, the VA has 6 months to review and investigate the claim. It may then either accept the claim and pay it out in full, settle the claim for less, or reject the claim. If the VA rejects your claim, you may file a lawsuit in federal court to pursue the matter further.
If you wind up in federal court, you will sue under the FTCA. Overall, the FTCA allows you to file a lawsuit within 2 years of discovering your injury and what caused it. But given the 6-month time period needed to file and complete your administrative claim, you really only have a little over a year at most to begin taking action on your FTCA claim.
You can contact 888-ITS-LEGAL an ask for an experienced VA Medical Malpractice Attorney to assist you.
Please click ACCEPT so I can get credit for my work. We can continue our conversation after this at no additional charge. Thank you for the opportunity to assist you.
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 8,614
Experience: 20 years professional experience
VerifiedMaverick and 87 other Personal Injury Law Specialists are ready to help you
Thank you for the offer. However, my contract with JA does not permit to have any contact with customers outside of this website. You can try the number above or try http://www.lawyers.com/ or http://www.martindale.com/ and seek a medical malpractice attorney preferable one that does VA actions.
Please know there may be a delay of a few minutes to a few hours between my answers as I may be helping others or may be away from the computer. But rest assured, I will get back in touch with you. Also, I thank you in advance for any positive feedback or bonus that you may decide to offer for this service.
If for some reason you believe that I have not answered your specific question, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question upon my reading of your post and sometimes misunderstandings can occur. Just write back with your specific question. Open communication is the key.
Finally, please remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you for the opportunity to assist you. You can always request me to assist you on future questions by beginning your question with "This is for JA expert Maverick"
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 8,614
Experience: 20 years professional experience
VerifiedMaverick and 87 other Personal Injury Law Specialists are ready to help you
I am looking at the SF-95 at this link below, however, I do not see where it requires a signature by an attorney. Based on what I know about this matter, it is my opinion that you could lose you claim or substantially limit your claim amount unless you obtain the advice of a lawyer who specializes in VA matters and the FTCA. Have you tried to loacte such an attroney in your area like we discussed before. This is a highly specialized area of the law and only an experience lawyer will have the insight needed to efficiently handle your claim and maximize your recovery.
http://www.usdoj.gov/civil/forms/SF95.pdf
As to cost factors, a VA FTCA lawyer should be able to handle this on a contingency fee basis with you just forwarding filing fees and copying cost and the like.
Maverick, Attorney
Category: Personal Injury Law
Satisfied Customers: 8,614
Experience: 20 years professional experience
VerifiedMaverick and 87 other Personal Injury Law Specialists are ready to help you
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