FAQS

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 RECEIVES 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 receives the claim there is a Mandatory 6 Month Waiting Period before a lawsuit can be filed. This is one reason why it is important to file your claim as soon as possible.
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.
There are several cases about the flooding of the area in and around New Orleans. The court has consolidated (grouped) the cases. The consolidated case is called:
Katrina Canal Breaches Consolidated Litigation - Cause Number 05-4182
United States District Court Eastern District of Louisiana

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

There are two law firms that will be involved in your claims, the law firm of Archuleta, Alsaffar & Higginbotham and Becnel Law Firm, LLC.
Archuleta, Alsaffar & Higginbotham is a law firm whose focus of practice is cases against the federal government. Its attorneys have achieved three of the largest awards and two of the largest settlements in the 60 year history of the Federal Tort Claims Act. It is one of the most successful and recognized Federal Tort Claims firms in the country. Its principal office is in Austin, Texas.
Becnel Law Firm, LLC is one of the largest personal injury firms in the New Orleans area. It has been in existence for over 30 years. It is one of the most successful and recognized mass tort firms in the country. Its principal office is in Reserve, Louisiana.
Together, these law firms provide the legal expertise to properly act upon Katrina related claims against the federal government and to properly evaluate, and if warranted, act upon your other Katrina related claims.

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.
It is expected that a lawsuit will need to be filed against the federal government.
Fees in all the other cases and claims are a 40% contingency fee of the total recovery.
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.