If you have a claim that falls under the Federal Tort Claim act against a federal employee you must file a Notice of Claim form within 2 years of the cause of action. The form can be found on the web at http://www.sf95.com/p/sf0095.pdf. After filing the form there is a 6 month period for the appropriate governmental department to respond to your claim. If they do not respond or if they make an offer that is unacceptable or they decline your case then you can file suit after the 6 months period and you then have an additional 6 months to file the lawsuit in the appropriate U.S. District Court. You should consult with an attorney that has experience with the handling of these types of cases because the first stage is the administrative stage and has certain things that need to be included in the claim form. After the 6 month period the claim goes to a different level and you need to know how to file the Complaint and what you can and can not include in the claim form.

Howard Mishkind

hmishkind@mishkindlaw.com

216-595-1900