If you have been injured in a Honolulu accident caused by a federal employee or entity, you have the right to file an injury claim against the government. This is most commonly known as a Federal Tort Claim (FTC). If you are filing a FTC, it’s helpful to understand how the claim process works.
The first step in filing an FTC is to file an administrative claim.
You have only 2 years from the time the accident occurred to file an administrative claim. It is always best to get your claim filed as soon as possible, just in case any questions are raised about the accident date.
In the administrative claim you must indicate the amount of damages that you are seeking to recover. You must also state the facts surrounding your case. While it is not mandatory, it is advisable to use the federal government’s standard claim form, SF 95.
After you have submitted the administrative claim, the federal agency has 6 months to respond. The agency may agree to your claim, and pay the requested amount of damages. Or they can deny your claim, which is generally what happens.
If your claim is denied or there is not an agreement on the damages you have requested, you have 6 months to file a lawsuit. To offset any legal delays, it is advised to file a lawsuit as soon as possible after an FTC proves unsuccessful.
Any injury claim against the federal government can be complicated. Since the federal government is protected by the Federal Tort Claim Act (FTCA), you should consult with a Honolulu accident attorney who can guide you through the process.
Contacting a Hawaii Accident Attorney
After a serious accident in Hawaii, you should be able to spend your time focusing on your recovery; not dealing with insurance adjustors, never-ending paperwork and complicated legalese. Hawaii attorneys Davis Levin Livingston will fight for your rights while you focus on healing. Serving accident victims on Oahu, Maui, the Big Island, Kauai and beyond. Contact us today for a no-cost case evaluation.