To file a claim, complete these steps: Complete Standard Form 95. Explain in detail what happened, using additional pages if necessary. Attach all documents that support your claim, which may include the following. Submit the completed Standard Form 95 and supporting documents to the OPM Office of the General Counsel.
Torts Branch. The Torts Branch represents the United States, including its officers and agents, in suits for monetary damages alleging negligent or wrongful acts and under statutory compensation programs. In addition, Torts Branch attorneys handle claims related to injury and damage to Government property.
Tort claims or any type of civil lawsuit that one party files against another party who allegedly called some type of damages or injury. For a tort case, the plaintiff is the individual who sustained the injury or damages, and the defendant is the party that allegedly caused the injuries or damages.
The Federal Tort Claims Act (FTCA) is federal legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the federal government.
Torts fall into three general categories: Intentional torts (e.g., intentionally hitting a person); Negligent torts (e.g., causing an accident by failing to obey traffic rules); and. Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
Tort litigation against the Federal Government is under the general supervision of the Civil Division's Torts Branch.
From this perspective, to make a claim in tort a claimant must show that they have (or had) a right, exercisable against the defendant, that has been infringed. However, the claimant's right is not a right exercisable against the defendant as it is not a property right (which is exercisable against the world).
State courts routinely hear tort claims, including product liability, medical malpractice, and personal injury. Many states have passed tort reform legislation that cap damages, alter statutes of limitations, abolish certain torts, or otherwise limit tort claims.
Provide as much detail as possible. Provide all related supportive documentation: Include all receipts, two appraisals or repair estimates, proof of ownership (if property damage is claimed), photographs, and medical documents or records, as well as police, incident or witness reports (if applicable).
Intentional torts – An intentional tort is one in which the defendant knew or should have known that their action would cause injury. For example, if someone physically attacks another person, the injured person would have a tort claim against the attacker.