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Tort Claims

The Federal Tort Claims Act (FTCA), 28 USC §§ 2671-2680, permits the filing of administrative claims against the United States government. Claims may be filed for death, personal injury or damage to, or loss of, real or personal property caused by negligent or wrongful acts by a government employee acting in the scope of his or her employment. The FTCA requires that the administrative claim be signed, demand a sum of certain and filed with the appropriate agency within two years of the incident.

The act permits one to file suit six months after the claim has been filed, provided the claim was properly filed and adequately documented, (28 USC 2675(a)). However, filing suit is not required, particularly if satisfactory progress is being made in the administrative claims process. If one does not file suit, the statute of limitations is tolled until the Army notifies the claimant in writing by certified mail of the administrative action.

A tort claim may be filed against the Army through the Legal Office Claims Division, on a SF-95, with documentation of the loss and surrounding circumstances. The SF-95 may be obtained here: http://www.gsa.gov/portal/getFormFormatPortalData?mediaId=30785.