How Do Claims Against The Federal Government Work?

• The legal process for claims against the federal government has specific rules.
• There is a 2 YEAR Statute of Limitations for all claims under the Federal Tort Claims Act. 
• For all claims filed with the federal government under the Federal Tort Claims Act 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.
• However, 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.
• Once a lawsuit is filed in federal court litigation begins.

Who Are The Law Firms That Are Involved In My Claims?

• There are two law firms that are involved in your claims, the law firm of Archuleta, Alsaffar & Higginbotham and Becnel Law Firm, LLC.

How Do The Attorneys Earn Their Fee?

• First, there are NO ATTORNEYS' FEES to you UNLESS A RECOVERY IS MADE on your claim.
• Attorneys' fees in claims against the federal government under the Federal Tort Claims Act are a 20% contingent fee of the total recovery if the claims are resolved before filing a lawsuit.
• Attorneys' fees in claims against the federal government under the Federal Tort Claims Act are a 25% contingent fee of the total recovery if the claims are resolved after filing a lawsuit.
• The above fee limits are set forth by law under the Federal Tort Claims Act.
• Case costs and expenses are paid in advance by the attorneys and deducted from the client's portion of the recovery before the attorneys' fee is calculated.  Contingency fees are taken after costs and expenses are deducted.
• There are no cost or expense charges to you unless a recovery is made on your claim
• Of course, as with any legal claim, no recovery is guaranteed.