How to File a Government Tort Claim
Anytime you have a valid claim for damages against a government agency, you will encounter many obstacles. You must comply with government claim statutes. This means that you must give official notice to the agency in writing, on proscribed government claim forms, of your intention to file a lawsuit. Each agency may have its own proscribed forms and procedural rules. The government entity must either fail to make a decision officially deny your claim before you can file a lawsuit. In many cases, agencies have six months within which they have to make a decision on your claim.
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Things You'll Need
- Attorney/fees/costs, if required (recommended)
- Court costs (after denial of original claim)
- Process server costs (after denial of original claim)
- Certified mail costs
- Government claim form(s)
Instructions
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Start with a valid claim for damages (most government claim statutes specifically exclude tort claims based on intentional acts of specific employees).
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Locate attorneys that handle government claims. Try finding an attorney using Martindale’s attorney search option which allows you to search by legal specialty. If you are intent on following through with the lawsuit pro se, research the requirements for filing government claims that are related to your state, local, military or federal claim.
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Obtain an official claim form from the appropriate agency. Many agencies have downloadable claim forms online. Complete the claim form and make a copy of the completed government claim form.
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Find out where you need to send the government claim form. Don’t take the word of a governmental employee. You should locate the actual claim statute(s) to ensure complete compliance. Mail the claim via certified mail or deliver the government claim form to the appropriate address.
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Wait for a final decision of the appropriate agency. If you receive a denial of your claim, you may file a lawsuit. Also, if the government’s time deadline for making a decision on your claim passes, you can file a lawsuit without an official denial.
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File a lawsuit against all appropriate agencies, employees and other any other parties involved in your claim. Proceed with your lawsuit until it is resolved or settled.
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Receive notice of acceptance of your claim, if applicable. Then, just wait for your settlement check.
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Tips & Warnings
You should seriously consider hiring an attorney.
Government claim statutes require strict compliance with all provisions. Failure to comply with any of the requirements can result in denial and permanent dismissal of your claim.
