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Blessedmom

Ftca Question

Question

Good Afternoon

I have just a quick question about FTCA statue of limitations. I have read two different things concerning the statue of limitations.

1. The statue of limitations is 2 years. Does this two year include actually sueing the government after they have, for example, denied or did not respond to the SF 95? Somewhere I read it did. But my understanding from all the other readings is this --if an act occurred on June 2009 then you have until June 2011 to sumbit an administrative claim SF 95. Please let me know if I am right or wrong. I tried finding the actually law written on it, but could not find it mentioning the 2 year frame. I am still wanting for my lawyer to submit paperwork. My husband passed in June 2009. Do I have until June 2011 to submit the SF 95? Then the government has 6 months after that to respond.

Thanks so much

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NOLO has a very brief but good explanation of FTCA and aparently they can assess a FTCA case at the link there:

"You must file within two years. You have two years from the time your claim arises to file your administrative claim with the appropriate federal agency. Because the exact date when your claim arose may be a legal issue in your case, it is important to file your administrative claim as soon as possible to avoid any chance of it being rejected as untimely."

http://www.nolo.com/legal-encyclopedia/article-29705.html

They are right as to the nuances of the Statute of Limits and the two years.

After my husband unexpectedly dropped dead , I filed my SF 95 within 3 months --- as soon as got his VA med recs and realized they caused his death.

He had filed a Section 1151 6 months prior predicting his own death and I also reopened that.

I had 2 years from death in my opinion as the Statute of Limits as this is when the claim arose.

This SOL date was never an issue with the General Counsel when they handled my case.

I wonder what your lawyer is waiting for.Does he had the complete clinical record from VA?

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Have you googled your lawyer and/or asked him/her for link to some of his successful FTCA cases?

I mentioned before that 20 dopes (ooops lawyers) turned me down years ago to handle my FTCA and one who did want to handle my case didn't know anything about FTCA and kept calling me into his office to figure out what he should do with the case.

Good thing I had no contract at all with him.

When I filed A writ at the court years ago-the renown vet's lawyer Ken Carpenter called me up.

I asked him point blank for some COVA cases he handled and he gave me a list.He is one of the BEST for VA claims at BVA/CAVC.

A lawyer with FTCA experience and some good awards under their belt will not be offended if you ask them about their expertise.

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I believe the claimant has two years FROM WHEN THEY BECOME AWARE, that a tort had been committed,

to file the claim in federal court.

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Carlie- this is what I always held to for FTCA. Two years from awareness of malpractice.

But VA lawyers are incredibly smart- I have very high respect for them even though they were adversaries to me.

Early this year I had to fight with them again on something I knew I would succeed on.Throughout this ordeal I must admit I was thrilled to talk again to some of them who had worked on my FTCA case.

VA lawyers know 38 USC in and out and backwards-intellect we just dont find at many ROs.

They are smart as can be so we have to be smarter and if filing FTCA-a claimant these days needs the best lawyer they can get.

When a FTCA claimant becomes aware of malpractice and holds to that date on a SF 95 ,this can be a SOL bone of contention to the VA.

For example-I had a meeting with the VAMC Director 6 months before my husband died regarding some of my concerns as to his PTSD treatment. Had I waiting 2 years past that meeting date to file FTCA ,they could have said my case was out of the SOL.

I was not aware of documented malpractice at that time -only some medical errors they had corrected already-

Oddly enough I ended up using the director's notations in the C file for my FTCA claim.He had recommended another improper medication and luckily no one prescribed it.

The VA lawyers will attack a FTCA case in any way they can. That is their job.

This spouse's lawyer might well have very good reason for not determining the SOL date yet for the SF 95 and I was too tough on them here-and it does appear this widow has plenty of time.I apologize for that.

A lawyer will need to review the entire clinical record to determine the SOL and then file the claim accordingly.

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Berta,

You really had me going for a moment.

At first, without reviewing the entire thread I was taking SOL

to mean sheet out of luck :-)

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