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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

BERTA,

In Louisiana, there is a $500,000.00 cap on mal-practice suits!

How would that limit a tort claim against the V.A.?

I want to sue them for $25,000,000.00.

Also has anyone used the Law firm of CRONIN & MAXWELL, of Jacksonvillle,Florida ?

The sent me a contract to for me to sign,to represent me in my tort claim--

1. 20% of any gross recovery prior to filing a complaint.

2. 25% of any gross recovery after filing a complaint.

3. Alternatively, in the event of a court awarded attorneys fee,the attorney's fee will be the greater of (a) the court awarded fee or (b) the contingent percentage of the recovery,including the court awarded fee.

I hate to deal with attorneys- but Berta, doen't the court limit the attorneys fees and cost of filing a tort claim??

Edited by mymissie

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3 answers to this question

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Somehow the VA has twisted State with Federal and limits awards to State Limits. You really have to have a good lawyer

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The state caps are for FTCA settlements.

If a FTCA claimant takes the case into federal court after filing with the VA ( there is a 6 month period for that) and succeeds, they could potentially get millions and I have posted some of those awards here in the past.

If they settle with VA however (the actual settlement they sign is with the US of A) then they cannot bring further action into a federal court.

"I hate to deal with attorneys- but Berta, doen't the court limit the attorneys fees and cost of filing a tort claim?"

I think the lawyers answered that in # 3 above regarding 'court awards'.This info would be found in the state court's Rules of Procedure.

A settlement is not a court award but a negotiation with lawyers at General Counsel VA.

FTCA laws are complex but there is very good basic info here under search on FTCA claims.I think Tbird has a complete overview at the home page and if you google FTCA a lot will pop up.

The state caps are for FTCA settlements.

If a FTCA claimant takes the case into federal court after filing with the VA ( there is a 6 month period for that) and succeeds, they could potentially get millions and I have posted some of those awards here in the past.

If they settle with VA however (the actual settlement they sign is with the US of A) then they cannot bring further action into a federal court.

"I hate to deal with attorneys- but Berta, doen't the court limit the attorneys fees and cost of filing a tort claim?"

I think the lawyers answered that in # 3 above regarding 'court awards'.This info would be found in the state court's Rules of Procedure.

A settlement is not a court award but a negotiation with lawyers at General Counsel VA.

FTCA laws are complex but there is very good basic info here under search on FTCA claims.I think Tbird has a complete overview at the home page and if you google FTCA a lot will pop up.

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sorry for double post- am having hard time here today-entire site seems slow-

the 6 month period is explained in detail in the FTCA info here.

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