The first step in filing a claim is to properly complete and file a Form 95 with the appropriate government agency. The Form 95 is a complex and lengthy form and should be filled out very carefully.
- Form 95 claims are routinely denied on small technical grounds so it is extremely important that you have your claim reviewed by an attorney.
- If you decide to consult with an attorney, he or she should be extremely familiar with the technicalities and evolving case law surrounding the Form 95 as the information and necessary supporting documentation will vary with each individual claimant.
- You should have your From 95 claim reviewed even if you have already filed one to see if any amendments need to be made or particular supporting documents need to be forwarded.
- The FTCA has its own Statute of Limitations. Even if you think your Form 95 claim may be time barred, you should have it reviewed by an attorney in order to make that determination and to determine if there are any potential exceptions in your case.
Remember, failure to file a Form 95 in a timely manner will bar you from seeking damages against the United States Military!
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