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How long does the VA have to respond to a tort claim?

After the claim is fully submitted, the VA will have six months to issue a response to your administrative claim and either will accept, offer to settle or deny the claim.

Are tort claims state or federal?

The Federal Tort Claims Act (FTCA) is federal legislation enacted in 1946 that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss or damage caused by the negligent or wrongful act or omission of an employee of the federal government.

What is the Virginia Tort Claims Act?

In Virginia, the Virginia Tort Claims Act allows individuals to pursue civil claims for monetary damages against the Commonwealth of Virginia and its subsidiary agencies and political subdivisions (for example, the Virginia Department of Transportation).

What is a VA tort claim?

A Federal Tort claim is a lawsuit against the VA and applies to any situation in which a VA employee, acting on behalf of the VA, is negligent and causes injury.

Can the VA be held liable?

Yes, you can sue the VA for medical malpractice. Most malpractice claims are initiated using a Standard Form 95 Claim. If there is a valid basis for your claim, it can proceed under the Federal Tort Claims Act (FTCA), wherein the VA can be held liable to the same extent as a private practitioner.

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