- The legal process for Federal Tort Claims claims against the Army Corps of Engineers, an agency of the federal government, has specific rules.
- For all Federal Tort Claims filed with the federal government BEFORE the Statute of Limitations the following applies:
- From the date the federal government RECEIVED the claim the Statute of Limitations on that claim will be STOPPED from expiring.
- IF the federal government DENIES the claim in writing, from the date of the denial letter the claimant has 6 months to bring a lawsuit in federal court or the claim will be forever barred.
- From the date the federal government received the claim there is a Mandatory 6 Month Waiting Period before a lawsuit can be filed.
- After the Mandatory 6 Month Waiting Period passes the claimant may bring a lawsuit in federal court at any time.
- Under the Federal Tort Claims Act cases are tried to a judge, not a jury.
- There are no punitive damages or prejudgment interest allowed under the Federal Tort Claims Act.
