UTAH INJURY ATTORNEY EXPLAINS TIME LIMITATION FOR FILING SUIT

CLAIM AGAINST THE FEDERAL GOVERNMENT

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A Utah personal injury lawyer knows that claims against the federal government come under a special law passed by Congress called the Federal Tort Claims Act (FTCA).

The statute of limitations under the FTCA for filing an administrative claim, in writing, with the appropriate Federal agency is 2 years from the date of the accrual of the claim.

The accrual of a claim begins at the moment the Government violated an individual's rights and the individual was damaged. In some cases, the accrual of the claim is not easy to determine and may be subject to interpretation by the court. While the court cannot change the 2-year statute, they can interpret the date on which it begins.

INITIATING A CLAIM

To initiate a claim against the Federal Government under the FTCA, the claimant or his personal injury lawyer Utah must file an administrative claim with the appropriate Federal agency within 2 years of the accrual of the claim.

ADMINISTRATIVE CLAIM

< style="font-weight: bold;">A personal injury lawyer Utah files a valid administrative claim with the Federal government when the appropriate Federal agency receives a written demand for money damages, indicating a specific dollar amount, signed by the claimant or someone authorized to sign for the claimant, identifying the cause which led to the claims.

APPROPRIATE FEDERAL AGENCY

The personal injury lawyer Utah makes sure the written claim is filed with the correct branch of government.

The Federal agency whose program resulted in the claim must receive an administrative claim. If another Federal agency receives the claim, that agency will immediately forward the claim to the appropriate agency, if known. If the agency cannot identify the appropriate agency, the agency must return the claim to the claimant.

WRITTEN DEMAND FOR MONEY DAMAGES

A claim against the Government must be in writing and must include a demand for money damages. The claim may be a made by the claimant or his personal injury lawyer Utah in the form of a letter, or more commonly the specific Federal form designed for this purpose: Form SF-95, Claim for Damage or Injury, or other written communication which meets the requirements of an administrative claim. (See Exhibit 1 and Exhibit 2.)

Claimants may use form SF-95 to file a claim under the FTCA. However, if this form does not contain all the requirements of an administrative claim, then it is not a valid claim. In addition, not all complaint letters that request money are claims under the FTCA. Some complaint letters are simply complaint letters and should be treated as such.

All written communication from a party or his personal injury lawyer Utah alleging damages and indicating an intent to sue the United States for money damages should be checked against the requirements of claim under the FTCA.

SPECIFIC DOLLAR SUM

An administrative claim must contain a single dollar amount which represents the exact amount of money damages demanded by the claimant or his personal injury lawyer Utah. It does not have to be a reasonable amount but it must be a number. Claims which do not contain an exact dollar amount or contain a dollar amount with a qualifying statement such as approximately, at least, almost, etc., do not meet the requirement of listing a specific sum.


SIGNATURE OF CLAIMANT

An administrative claim must contain the signature of the party demanding damages or someone authorized to sign for the claimant(the claimant's personal injury lawyer Utah).

If someone signs the administrative claim other than the claimant, such as a personal injury lawyer Utah or an insurance company representative, evidence of authorization must accompany the claim signed by the claimant.

A copy of a retainer agreement, an affidavit, or a letter must accompany a claim signed by an attorney for the claimant, signed by the claimant, authorizing this attorney to represent the claimant in this case.

A statement in a claim signed by a personal injury lawyer Utah or enclosed in a letter that states that they are representing the claimant is not an acceptable statement of authorization. The claimant must sign the evidence of authorization.

IDENTIFICATION OF THE CAUSE

The FTCA obligates the claimant or his personal injury lawyer Utah to identify the activity or incident which caused the claim. The claim must contain sufficient information for the agency to identify the cause of the complaint. This is to provide the agency an opportunity to investigate the case.

LAWSUIT DOES NOT RELIEVE ADMINISTRATIVE CLAIM REQUIREMENT

Filing a lawsuit in a Federal or State court by a personal injury lawyer Utah does not constitute an administrative claim. An individual who initiates an action against the United States by filing a claim in a Federal or State court is not relieved of the requirement to file an administrative claim with the appropriate Federal agency within 2 years of the accrual of the claim.

More on Utah Statutes of Limitation.

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