Legal Question in Federal Tort Claims in Arkansas

Tort Claim

How long do we have to file a Tort Claim in the state of Arkansas?

Asked on 4/16/08, 12:27 pm

3 Answers from Attorneys

Stephen Petix Quinton & Petix
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Re: Tort Claim

To be more specific, if you have a tort claim because of the negligent or otherwise wrongful action of an officer or employee of the U.S. Government, you must present an administrative claim (Standard Form 95) to the federal agency that employs that federal officer or employee, within TWO YEARS of the incident that caused your injury or property damage.

The federal agency is supposed to either settle the administrative claim or deny it within six months of receiving it. If the claim is denied, the claimant must then file a Complaint for damages in the U. S. District Court within SIX MONTHS of the date the denial is sent to the claimant by certified mail. (If you move after filing the claim, notify the agency of your change of address, because the agency does not have to follow up to make sure that you received the denial letter.)

Alternatively, if the agency takes no action on the administrative claim for more than six months after receipt, the claimant is also authorized to file suit in U.S. District, serving the U.S. Attorney and the U.S. Attorney General, as indicated above.

The Standard Form 95 is available from the website of the Department of Justice. www.usdoj.gov (Click on the Civil Division tab and there should be some reference to the claim for money damages form on that page.) Read the instructions on the back side of the form very carefully.

My advice is to consult with an attorney experienced in such claims rather than do this yourself. We often provide consultation to other attorneys concerning these procedures, for an hourly charge.

I hope this is helpful.

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5/28/08, 8:27 pm
Dennis Harmon Dennis Harmon
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Re: Tort Claim

If it is a federal tort claim, you have two years.

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4/17/08, 10:24 am
Brandon Moffitt Moffitt & Phillips, PLLC
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Re: Tort Claim

Generally 3 years. If it is medical malpractice, 2 years.

You should always consult a qualified attorney to ensure that you claim is properly evaluated.

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4/16/08, 12:37 pm

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