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What Do I Need To Include In My “Notice Of Claim” In Order To Pursue A Government Injury Suit?

On Behalf of | Nov 4, 2017 | FAQ

After three days in the hospital, knee surgery, and the depressing news
that your leg is never going to be the same again, you’re finally
ready to pursue legal retribution against the man who hurt you. Unfortunately,
that man was a federal police officer who claims he was only doing his job.

Thankfully, you have several witnesses (including another officer) who
told you that they would be willing to give a statement that your injury
wouldn’t have happened if the officer was following protocol. One
witness can even describe the scene of how he forcefully pushed you into
the car, ignoring your screams of pain. However, even if you have these
statements, what do you do to file a wrongful injury suit against him?
Should the suit include the air force base where he works? What about
the federal government since he was on duty at the time?

Filing a Governmental Lawsuit

According to a report from the Federal Judiciary, approximately 50,000
cases a year are tried involving government participation. Thousands more
are brought against government employees without directly involving the
government as a defendant, and even more are filed against the government
but are swiftly denied due to improper paperwork or failed deadlines.

This is why it is extremely important to know how to properly pursue a
claim before you file. One of the first things you’re legally required
to do is file a
Notice of Claim Form (NOCF) from the United States Department of Justice.

A Notice of Claim is a form used to notify those whom you’ll be suing
that a claim will soon be filed. If not properly executed, your claim
could be denied before you even begin. After sending the Notice of Claim,
you must wait between 30 and 120 days before filing your claim. The court
will dismiss a lawsuit that is filed before the Notice of Claim period expires.

The NOCF must include the following information and documentation to be
properly processed:

  • Personal information, including name, address, day and evening phone numbers,
    Social Security number or tax ID and your date of birth
  • Incident report information, including date and time of incident, exact
    location of incident, and damage accrued
  • The cause of the damage or injury, or circumstances under which the damage
    or injury was sustained
  • Any police or other reports related to your claim
  • Documents showing ownership at the time of the damage and original cost
    of damaged items
  • Estimates for repairs or treatment
  • Proof of payment for damage
  • Photographs of any damage
  • Medical bills or medical reports

The Help and Support You Need to Fight Back

Even easy injury claims can be extremely confusing to pursue on your own,
let alone fighting against the government. Thankfully, you don’t
have to—contact us today discuss your claim, why you want to file,
and how we can help you get the settlement you deserve. We know how difficult
and exhausting it can be to fight for what you deserve. So, let us be
your army…let us fight for you and your future.

Know someone who wants to fight back? Please, feel free to share this page
with him via email, Facebook, or Twitter, or recommend it on Google+.
We aren’t strangers to fighting the difficult cases, and our knowledge
and diligence can help get the settlement he deserves. Tell him to contact
us today for a review of his case. Remember, no one should be above the
law, including the lawmakers themselves.

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