A VA tort claim is a claim against the United States for negligence or wrongful actions by a Department of Veterans Affairs employee while performing their job duties. The purpose of this is to compensate the veteran for the damage they experienced due to the employee’s negligence. While this process, may be complex, veterans need to understand how to file a VA tort claim in order to receive the justice they deserve. This blog will walk you through the essential steps and considerations involved in filing your claim.
Understanding VA Tort Claims
Unlike VA disability claims, which focus on injuries or illnesses linked to military service, a VA tort claim seeks compensation for harm caused by actions or negligence of VA staff after service. While disability claims address service-connected issues, tort claims deal with situations that developed from from VA care or services.
Here are some examples of instances where a VA tort claim might apply:
- Medical Errors: If a VA healthcare provider makes a mistake during treatment that leads to injury, a tort claim could be filed.
- Negligence: A tort claim might be appropriate if a VA employee fails to provide proper care, resulting in harm.
- Wrongful Actions: Any action by a VA staff member that causes harm and doesn’t meet the expected standard of care could lead to a tort claim.
How To File a VA Tort Claim
The steps involved in filing a VA tort claim can be complex and it can be difficult to know where to start. Here is a simplified guide on how to file a VA tort claim:
Step 1: Determine Eligibility
A VA tort claim is typically filed by veterans, but they can also be filed by their family members, or legal representatives who have suffered harm due to the actions of a VA employee. To file, the harm must be a result of the negligence or incorrect actions of a VA employee. This can include medical malpractice, failure to provide proper care, or other wrongful actions by VA staff that occurred within the area of their employment. Once you have determined that your situation falls within these guidelines, you can start the process of filing.
Step 2: Gather Necessary Documentation
Next, you will want to make sure you gather all necessary documentation that supports your claim. Some examples include:
- Medical Records: Collect all medical records that show the treatment you received from the VA.
- Evidence of Negligence or Harm: Gather any documents that can help demonstrate how the VA’s actions led to your harm. This could include incident reports, expert opinions, or witness statements.
- Proof of Damages: Make sure to document the damages you have suffered through medical bills, lost wages, or any other expenses related to the harm caused by the VA.
Step 3: File an Administrative Claim
You must file your claim within two years of the date that the incident occurred. If you wait any longer than this deadline your claim could be dismissed. The form you will use to file a VA tort claim is the Standard Form 95. is the official form used to file a tort claim against the VA. This form will have you fill out essential details about your case, including the nature of the claim, the amount of compensation sought, and supporting facts. It is important to fill this form out completely and accurately. If there are any discrepancies or missing information, it can delay your claim or lead to an unfavorable outcome. After filing, the VA has six months to respond to your claim. If they deny the claim or fail to respond within this period, you can file a lawsuit in federal court.
Consider Legal Representation With Your VA Tort Claim
It is important to consult with an attorney experienced in VA tort claims, as it is a complex process. Legal representation can strengthen your case and assist you in navigating the process. You can avoid potential delays and work through slowdowns in the process more easily with help from an experienced VA benefits lawyer like Unruh Law, P.C.
If you have any questions about the VA disability process, or if you are concerned about a letter you have received from the VA, contact Unruh Law, P.C. right away at 833-753-5168 or through our website and request a free consultation to discuss your situation.