Two Weeks Before Statute Runs Out

[Steppenwolf]

I was doing a Google search on filing a form 95 and came upon this:

Standard Form 95 - hadit.com Veterans Forum

Jun 18, 2007 ... He wrote to me constantly, and called me about his case but I had to keep reminding him to send in the SF 95 that I had worded for him. ...

www.hadit.com/forums/index.php?showtopic=11087 - 61k - Cached - Similar pages

It seems that I was discussing this subject with Berta over a year ago. I don't recall.

I was reminded that the statute is about to run out and I am not sure if there was anything that was told to me that I need to do.

Tomorrow I am meeting with an attorney who's office has a plan or a program to help veterans. He is not familiar with form 95 but said that if we get it in on time we can amend it later on.

Does that sound right?

Any help is much appreciated.

Thanks

Step

[Wings]

x

x

x

Federal Tort Claims Act Staff

Civil Division

U.S. Department of Justice

P.O. Box 888 Benjamin Franklin Station

Washington, DC 20044

http://www.usdoj.gov/civil/forms/sf95desc.htm

Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act for property damage, personal injury, or death allegedly caused by a federal employee's negligence or wrongful act or omission occurring within the scope of the employee's Federal employment.

These claims must be presented to the federal agency whose employee's conduct gave rise to the injury.

The Form 95 need not be used to present a claim, but is a convenient format for supplying the necessary information.

The Form 95 must be completed and state a claim for money damages in a sum certain amount claimed for injury to or loss of property, personal injury, or death. If a sum certain is not specified in block 12d on the Form 95, or in accompanying information, a submission cannot be considered to be a valid claim.

The completed Form 95 must be presented to the appropriate federal agency within two years after the claim accrues.

NOTE: If you need more space; at the end of your sentence or paragraph, write "See Addendum, pages 1-5, etc."

As the claim proceeds through federal staff members and attorney's offices, you may submit additional "addendum" meaning, attachments.

Federal Statutes

The provisions of the FTCA are found in Title 28 of the United States Code. 28 USC 1346(b), 1402(b), 2401(b), and 2671-2680.

[Steppenwolf]

Number 1 Submit to appropriate federal agency:

This incident happened at a VA medical center.

What "agency" do i write in here? The Veteran's Administration?

The Veteran's Health Care Administration?

Number 2 is Me correct? And my current address? or possibly the address that is still mine in the state where the incident happened?

Number 3 Type of employment. Mine? The person who was/is directly at fault?

Number 4 My DOB

Number 5 My Marital status

Number 6 Date and day of accident. "Accident" meaning incident?

Number 7 Time it happened? Can it be approximate?

Number 8 How much or how little do i include here?

Number 9 Not Apllicable

Number 10 This might be all of the 26 pointws of light that the lawyer wrote but maybe he wrote too much?

Number 11 Other than patient advocate and a psych nurse my brother was the only one there.

Number 12a no property 12 b $3,000,000 12c NA 12 D $3,000,000

Number 13a me 13b me 14 today's date or the day it happened?

number 15- 18 NO

19 Do you carry public liability and property damage insurance?

? What does this mean?

"Standard Form 95 is used to present claims against the United States under the Federal Tort Claims Act for property damage, personal injury, or death allegedly caused by a federal employee's negligence or wrongful act or omission occurring within the scope of the employee's Federal employment.

These claims must be presented to the federal agency whose employee's conduct gave rise to the injury.

The Form 95 need not be used to present a claim, but is a convenient format for supplying the necessary information.

The Form 95 must be completed and state a claim for money damages in a sum certain amount claimed for injury to or loss of property, personal injury, or death. If a sum certain is not specified in block 12d on the Form 95, or in accompanying information, a submission cannot be considered to be a valid claim.

The completed Form 95 must be presented to the appropriate federal agency within two years after the claim accrues.

NOTE: If you need more space; at the end of your sentence or paragraph, write "See Addendum, pages 1-5, etc."

As the claim proceeds through federal staff members and attorney's offices, you may submit additional "addendum" meaning, attachments.

Federal Statutes

The provisions of the FTCA are found in Title 28 of the United States Code. 28 USC 1346(, 1402(, 2401(, and 2671-2680.

[Steppenwolf]

Thanks Jim for the step by step ( no pun intended )

A few things happened since i last posted. Most notably is that i had called the regional counsel at the facility where the incident happened and spoke with a person there who seemed very helpful. My intention was to submit it to her today Oct 16 2008. She told me that she would stamp it "received" and make a couple of copies for me. i spoke with her before reading your post and asked her what to write in Number 1. She told me to write "Regional Counsel" After reading your post i added :US DEPT of Veterans Affairs and above it i wrote Regional Council. Does spelling count? HA!

Fifteen minutes later i got word that my Dad was in the hospital in FL so my brother and i jumped on a plane and now i'm handing it in here in FL with a note to send it to CT

Also after reading your post i'm rethinking 8 and 10 i keep hearing that the most important thing beside the sum certain is to get it in on time and that it can be amended at a later date. Do i need to ask for the right to amend? If so, where?

[Steppenwolf]

If you believe in fate then it is surely at work here and now.

As i mentioned yesterday, i was going to hand my claim in to the Regional Counsel in CT where the incident occured. But last minute i had to fly to FL. Once again i made a few calls and posted here for some answers and on my second trip back to Hadit i see that you posted the name of an attorney in West Palm Beach which is where i'm at now. i look up her phone number and called, left a message ( mentioned that it was the 11th hour and that i was eading down to the VA in WPB to turn in my SF95 ) and as i am reviewing my claim and the form she calls back. It's not so important to go over the whole phone call but suffice it to say that talking to her changed the plan. Had it not been for the unexpected emergency trip, your posting her name, and my rediscovering Hadit, my case would have been submitted differently and perhaps had half the chance of succeeding as now.

One of the great things about Hadit is that veterans who have been through these mine fields before can help those of us who have not been through them a little advice and guidance. The attorney pretty much told me the same things that you mentioned in your last post:

1. The doctor/facility had the obligation to treat you.

2. The treatment was below the accepted standard of care and damaged you.

3. The damages can be identified and resolved through compensation.

It's not that i had not been told that before because i had been told that many times. If there is anything to add to what you posted ( and i can see this implied in number 3 ) she asked me if i had records to support the claim that an damages were clearly and unmistakenly the result of 1 and 2. Before she could ask the question i said that i knew all about "expert witness" testimony and that all of the doctors that are known to be/give expert testimony were unwilling to talk to me beyond informing me that i had to be referred to them by an attorney.

She said that i was correct to say that what i have in the moment is " a claim " and not " a case ". Most attorney's that i've spoken with over the last two years are not interested in cases that are not slam dunks. She liked my example: " I go in to have my tonsils removed and come out with my testicles removed " Lawyers will beat down your door for a case like that. But give them a challenge and the beg off.

When i told her my sum certain she said that that would be enough for her to be interested but she wasn't convinced YET that she would sign on if my claim is denied. i told her that "YET" was optomistic enough for me to continue to make my own case ( she was fairly impressed with what i already knew and how i derived the 3m figure )

It was the 59th minute of the 11th hour when i got the SF 95 stamped. The RC and his assitant were waiting for me to hand it in so they could leave. i asked about amending and they both told me that changes could be made to the content as well as the sum certain. They also mentioned the 6 month clock resarting from the time of amending.

Although it may be unimportant i noticed yesterday before i left for the VA that the young attorney who helped me write those so called "26 points of light" as i referred to them as had as the last numbered point of light: " Because I have been emotionally scarred by the negligence of the Veteran Administration and their failure to provide medical care, I am requesting damages from the United States in the amount of three million dollars ($3,000,000). i changed it to read "...the United States and the department of Veterans Affairs...." Any thoughts about that phrasing?

[hollywoodnc]

Although he has a copy of the Standard form 95 he did not fill any of it out. He did some research and provided me with a case name: " so and so vs the VA " which he used to come up with a sum certain amount of $3,000,000.

-----------------------------------------------------------------------

NO, NO,NO,NO,NO,NO...

It's NOT (Your Full Name) -vs- the VA!!!

It IS (Your Full Name) -vs- The United States of America

This is a LOOOOOONG PDF file, but it is the FTCA handbook!

Educate yourself, so that this inexperienced lawyer doesn't lose this case!

http://www.louisvillelaw.com/federal/ArmyP...ca_handbook.pdf

[hollywoodnc]

Although he has a copy of the Standard form 95 he did not fill any of it out. He did some research and provided me with a case name: " so and so vs the VA " which he used to come up with a sum certain amount of $3,000,000.

-----------------------------------------------------------------------

NO, NO,NO,NO,NO,NO...

It's NOT (Your Full Name) -vs- the VA!!!

CORRECTION:

It IS(Your Full Name)-vs-The United States of America, et al,

Department of Veterans Affairs.

Put this to be safe. I've read on numerous sites, that when filing an FTCA, you MUST list the USofA as a defendant.

"et al" means "And All".

Sorry for the confusion, but you don't want a judge throwing your case out because of a stupid technicality!!!

This is a LOOOOOONG PDF file, but it is the FTCA handbook!

Educate yourself, so that this inexperienced lawyer doesn't lose this case!

http://www.louisvillelaw.com/federal/ArmyP...ca_handbook.pdf