Administrative Claims

You cannot sue the United States without first submitting an administrative claim. Our firm accomplishes this by filing a Standard Form 95 and associated documents with the responsible agency (i.e., the VA, the Army, the Navy, or the Air Force) on behalf of our clients.

Once the claim is filed, the involved government agency is allowed at least six months in which to investigate the claim. Theoretically, that agency is supposed to conduct a detailed investigation in order to either deny the claim or make an offer of settlement within six months. Unfortunately, the agency often fails to meet this deadline. If the agency does undertake an investigation, their attorneys will seek one or more medical reviews by their own physicians. Agency lawyers will sometimes request information regarding the claimant's damages and may request an interview with the claimant. We work closely with our clients to present this information in the most persuasive light possible, and to prepare for and present their information effectively during any interview.

At the end of six months, the claimant has the option to allow the government agency more time to investigate the claim, or they may file suit. Occasionally, the agency is able to complete its investigation within the six-month period, but this is rare. The decision to file suit or to allow the agency additional time to administratively evaluate the claim is an important one. Our attorneys counsel our clients regarding this decision based upon a careful consideration of the particular circumstances of each case and the needs of the individual client. If a case is settled during the investigation phase, our firm is paid 20% of the settlement. Our fees are always contingent, that is, we charge our clients nothing unless we obtain a recovery for them. For fees charged if a case reaches the litigation phase, click here.