Berta - Lawyer Finally Takes My Tort Claim

[Teac]

A year ago this month the va screwed up my left eye cataract surgery. I have looked of lawyer for a year. Today a well know Austin texas law firm accepted my case for represenation. I was told that a claim of 300,000 was not unusal for the damage the va did, and that it likely will settle outside of court for at least 200,000. The law firm gets 20% of the settlement or 25% if it goes to court.

I was really surprised by the call from the lawyers office, I expected another turn down, but was assured that I clearly have a winning claim.... wish me the best of luck because since I am already 100% a new rating would not provide me any additonal compensation...... so this is the only way I can get compensation for this problem.......

Edited May 15, 2009 by jbasser

[Teac]

I am glad you pursued this- over the years I have had many questions about FTCA from vets or widows who did seem to have basis for FTCA claims- yet who failed to follow through-

many -like me-were told by lawyers we didnt have a case-

so I did my FTCA myself and succeeded-makes you wonder about the legal community sometimes

Berta I actually submitted the 1151 claim by myself thinking darn I only have two years and can't find a lawyer who will take the case. If it wasn't for the information you gave me a year ago I don't know that I could have done this on my owm, so thanks very much. I was really thrown for a loop when the lawyers office called and told me that $300,000 was about right for my damaged eye, and said they would take my case. They asked for permission to amend my 1151, since they said the dollars I was requesting were not adaquate. I could not find much information concernimg damaged eyes after surgery so I thought well try to be reasonable and avoid going to court if at all possible and hope they will settle. I was only asking for $75K. They had the 1151 for five months. The lawyer doesn't understand why they did not settle because they say the medical records clearly show that the va screwed up. They say the va missed a good deal. Now they lawyers say that are going to end up compensating me much much more.... I don't want to get my hopes up too high but the extra funds would sure make life a little eaiser.

I wasn't going to let this get away from me without a fight, they screwed my eye up so bad that I have to were dark glasses, can't drive at night because of halos, and many days only have light perception for many hours because the pressure goes sky high, and I am told eventially will lose sight completly,

[Judy]

Who took your FTCA claim? I was turned down by a top dog attorney who didn't even ask a single question... amazing.

I am ready to pursue mine and don't know where to turn.

ALSO, where do I find the limits for my state (TEXAS)?

Thanks,

Judy

[Berta]

Teac-the VA will deny the 1151 over and over again-

my FTCA case was easier to win than my 1151-

they even denied the 1151 after I sent them copy of the settlement I made with USA!

I made the General COunsel call them up and then the award was in the mail-

you could easily succeed in the FTCA before they properly decide the 1151-

FTCA would make the 1151 claim moot anyhow.But good to keep both claims gping at same time.

Judy- try as many lawyers as you can- The Texas state cap on lawsuits settlements should be found under the state web page under their legal department.

I forget how I found NYS cap.

Most important thing about FTCA is getting the SF 95 filed within he two year SOL and then making sure that OGC in DC has it.

[Pete53]

Judy:

Of course you will have to talk to a Lawyer but it is my understanding that GW Bush as governor signed into law a 500,000 CAP. Something he campaigned for when he ran for Governor.

[Berta]

Pete I am sure you are correct there-

Bush made all states give a OOC (Out of court) settlement cap as I recall.

But some have different amounts as the cap I think.

If a lawyer feels the VA offers are too small they can always file in Federal COurt for a much higher award.

The vets who win millions from VA for malpractice have gotten these awards in a Federal Court when they refused the settlement offer made by VA.

[Teac]

Who took your FTCA claim? I was turned down by a top dog attorney who didn't even ask a single question... amazing.

I am ready to pursue mine and don't know where to turn.

ALSO, where do I find the limits for my state (TEXAS)?

Thanks,

Judy

Judy I live in san antonio, here is the web address of the lawyer I am using... he is also a medical doctor...they are in Austin

http://www.govtclaim.com/contact.html