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Filing a VA Claim

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:

  1. You must file an administrative claim
  2. You are not entitled to a jury trial
  3. You are also not entitled to punitive damages
  4. 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) 334-0277.

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