Filing a Claim Under the Federal Tort Claims Act (FTCA)


A claim under the Federal Tort Claims Act should:

1) be in writing;

2) state the name and address of the claimant;

3) state the name and address of the offending government agency;

4) state the basis of the claim being made in sufficient detail so that the agency may investigate the claim;

5) state a sum certain amount of damages in dollars and cents;

6) be signed and dated by the claimant or someone legally authorized to act on behalf of the claimant with proof of authorization attached to the claim; and

7) be presented to the offending U.S. government agency (i.e. received by the agency) within two years of the date that the claim accrues

Michael Archuleta, J.D., M.D., M.B.A.

Archuleta, Alsaffar & Higginbotham



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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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