Very Important Sections of Form 95
- Property Damage: See section 9 (where you must briefly describe the nature and extent of damage). Two property damage estimates will need to be submitted with your claim.
- Personal Injury/Death: See section 10 (where again you must briefly describe nature and extent of your injuries).
Failure to properly complete these sections may prevent the government from accepting or opening your claim.
2. Sum Certain
The Form 95 also requires you to claim a specific amount for each claim for property damage, personal injury or wrongful death. See sections 12a, b and c.
You must state a specific sum for each section and then the total specific sum in 12d. Failure to state a sum certain in 12d is fatal to filing the Form 95.
This is the area where we have seen most clients handling their own claims make the most mistakes. We know how to properly complete these sections and will help properly complete and file your Form 95. We can also serve notice that we represent you for the claims and have all future correspondence sent to us as your attorneys.
As indicated earlier, you have 2 years to file this Form 95. Claims presented after the expiration of this period of time are considered time barred. We have seen some clients in the past confuse this 2 year limitation period with North Carolina’s 3 year limitation period and file the Form 95 after 2 years. In those situations, the claims were not paid as they were barred by the passage of time.
Please note that there are civil and criminal penalties for presenting fraudulent claims or making false statements, to include a fine up to $10,000 and 5 years in prison.
The Federal Government limits attorney’s fees to 20% of the amount of settlement or award.
If you have a claim for an auto accident involving a federal government vehicle or have suffered injured at a military base, post office or other government facility or property, call us at 800-525-7111 or visit justicecounts.com. We are here to answer your questions and help you navigate the sometimes confusing maze involved with claims against the federal government.