The 4 Biggest Differences when Filing a VA Claim versus a Civil Action
Monte walks through the four biggest differences for veterans when filing a claim against the VA. As a veteran, the first difference is that you do not have the right to file a lawsuit, you have to file an administrative claim first. To do this, you use a standard form 95 to present to the VA the facts of your case. Once this claim is filed, the VA has 6 months to review and attempt a settlement with you.
The second difference is that you are not entitled to a jury trial. Instead, you will be trying a federal judge. Difference three is that you are also not entitled to punitive damages.
The final difference is that the federal government caps contingency fees for attorneys at 20%. This is only if the claim is resolved during the administrative claim process. If it is resolved after this process, the fees increase to 25%.
A quick overview of all four differences:
- You must file an administrative claim
- You are not entitled to a jury trial
- You are also not entitled to punitive damages
- And there are reduced attorneys fees
If you have any questions about this video or if you think you may have a federal tort claim you’d like reviewed, give us a call at 479-442-7575.