NOTE: This page is for claims resulting from Government recovery operations, i.e. debris, demolition, and Operation Blue Roof.  For all other area claims against the Corps in the New Orleans area, such as Katrina flooding, go here.

FEDERAL TORT CLAIMS ACT (FTCA)  

Claims Procedures

If you feel the Government or an employee of the Government has been negligent, thus causing you personal injury or property damage during recovery operations in south Louisiana, you may have the right to file a claim under the FTCA.

To file a claim, claimants should complete a copy of an SF-95, Claim for Damage, Injury, or Death.  Standard Form 95 is a convenient format for supplying the necessary information needed to process your claim.  Download SF-95   You will need Adobe Reader to download.  Download Adobe Reader Free.

Mail your completed SF-95 to:

U.S. Army Engineer District, Memphis
Office of Counsel  (RFO Claim)
167 North Main Street
Memphis, TN  38002

If you have questions concerning how to file a claim you may contact the Claims Attorney by telephone at 901-544-3777.

There is a two-year statute of limitations (SOL) to file a claim in writing under the FTCA for injuries and damages due to negligence. This two-year SOL starts when the claim accrues, that is, when the injury is discovered and its cause is known.  

The claim must include a specified sum certain amount of monetary damages that you seek, the type of damage that occurred, and how you contend the damage occurred (i.e., what acts of a government employee occurred that caused the damage you seek compensation for).  

If a claim is filed incorrectly it will be returned to the claimant with an explanation and a request that the errors be corrected. Any claim that is improperly filed does not stop the statute of limitations and therefore, if the two year limit runs without a proper claim being filed, any later attempt to pursue the claim will be barred.

One of the items that will cause a claim to be defective is the presentation of a claim that lacks a sum certain. Besides the requirement for a sum certain placed in box 12d of the SF-95, a claim is also defective if it is presented without a signature. If the claimant is represented by an attorney, the claim must have an attorney/client agreement. 

If an insurance company subrogates the claim, a power of attorney must be enclosed showing that the representative signing the claim has full authority to file, adjust and settle claims for the company.

Once the claim is received, the claimant will receive an acknowledgment indicating the date the claim was received. The agency has six months from the date of receipt to adjudicate your claim.  

It is possible that, if warranted, an administrative settlement could be negotiated with you.  It is also possible that you claim will be denied.  A lawsuit can be filed against the United States upon receipt of a final, written decision from the Agency or upon the expiration of six months from the date of receipt by the Agency of the claim. 

In addition to reviewing and defending against claims, the LA-RFO Office of Counsel also works with all Corps’ employees and field offices in an effort to reduce or minimize situations which lead to claims.

Background Information

The Federal Tort Claims Act (FTCA), codified at 28 USC § 1346(b) and 28 USC §2671-2680, was enacted as a legal mechanism for the compensation of persons injured by negligent or wrongful acts or omissions committed by Federal employees acting within the scope of their employment.  The FTCA contemplates the resolution of claims through the administrative process instead of litigation. Claims must be administratively processed prior to their filing in Court. (28 U.S.C. 2672).