Standard Form 95 is the administrative claim form required before filing a lawsuit under the Federal Tort Claims Act.
This article continues a six-part series about suing ICE. This section explains how to file a claim using Standard Form 95.
When someone is injured by a federal employee, the legal process does not begin in court.
Instead, it begins with a document called Standard Form 95.
Claimants use this form to file an administrative claim under the Federal Tort Claims Act (FTCA).
Many people assume they can sue the federal government immediately.
However, the law requires something else first.
Before filing a lawsuit, the claimant must submit an administrative claim to the responsible federal agency.
Most claimant file their claims using Standard Form 95. You can find the form on the US Department of Justice website.
If a claimant submits an incomplete or incorrect form, the claim may fail before a court ever sees it.
Because of this, understanding how to complete the form correctly is critical.
To better understand this step, start with what the Standard Form 95 actually is.
Standard Form 95 is the official administrative claim form that claimants use to request compensation from the federal government.
Claimants typically use the form when a federal employee causes:
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personal injury
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property damage
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wrongful death
The form exists because the federal government normally enjoys sovereign immunity, meaning no one can sue it without its consent.
The Federal Tort Claims Act creates a limited waiver of that immunity.
However, it applies only if the claimant follows the required administrative process.
In most cases, that process begins with Standard Form 95.
Now that we’ve explained what Standard Form 95 is, the next step is how to file it.
Filing Standard Form 95 involves several basic steps.
First, the claimant completes the form and provides information about the incident.
Second, the claimant must state a specific dollar amount for damages.
Third, the claimant must submit the completed form to the federal agency responsible for the incident.
Finally, to meet the statute of limitations under the Federal Tort Claims Act, the claimant must file the form within two years of the incident.
If the claimant misses any of these steps, the agency may reject the claim.
Understanding when to file is just as important as how. So, when must Standard Form 95 be filed?
The Federal Tort Claims Act imposes strict deadlines.
In most cases, claimants must file an administrative claim within two years of the incident.
If claimants do not file within that time, the claim is usually barred.
After the claim is submitted, the federal agency has six months to review it.
At that point, one of two things usually happens:
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The agency denies the claim, or
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Six months pass without a decision.
Either situation allows the claimant to file a lawsuit in federal court.
However, the claimant cannot file the lawsuit unless the administrative claim—typically Standard Form 95—was submitted first.
With timing covered, the next step is understanding what information must be included in Standard Form 95.
What Information Must Be Included in Standard Form 95?
Although the form appears simple, several sections are legally important.
Each part helps the agency evaluate the claim.
Claimant Information
The form requires the claimant’s name, address, and contact information.
If the claim involves a wrongful death, the claimant may be:
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a surviving family member
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an estate representative
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another legally authorized individual
Providing accurate contact information allows the agency to communicate during the investigation.
Date and Location of the Incident
The form requires the date, time, and location of the incident.
This information helps identify the federal agency involved.
For example, incidents may involve:
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federal law enforcement officers
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immigration detention facilities
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military personnel
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federal medical providers
Clear details allow the government to locate records and investigate the claim.
Description of the Incident
Standard Form 95 includes a section asking the claimant to describe what happened.
This section should clearly explain:
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what occurred
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which federal employees were involved
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how the injury happened
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what harm resulted
Many claimants attach additional pages to provide a more detailed explanation.
Providing a clear narrative helps the agency understand the claim.
Supporting Documents
Supporting materials often strengthen the claim.
These may include:
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medical records
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photographs
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witness statements
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incident reports
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repair estimates
Providing documentation early helps the agency to evaluate the claim more efficiently.
The “Sum Certain” Requirement
One of the most important sections of Standard Form 95 is the Amount of Claim section.
The claimant must state a specific dollar amount for damages. Lawyers often call this the “sum certain” requirement.
The form separates damages into three categories:
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property damage
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personal injury
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wrongful death
A total dollar amount must also be listed.
If the claim does not include a specific dollar amount, courts often find that the administrative requirement was not satisfied.
As a result, the lawsuit may be dismissed.
Common Mistakes When Filing Standard Form 95
Many Federal Tort Claims Act cases fail because the administrative claim was not filed correctly.
Some mistakes occur more often than others. Learn more about the common mistakes when filing the Standard Form 95.
Failing to Include a Sum Certain
Failing to list a specific dollar amount is one of the most common errors.
Without a stated amount, the administrative claim may be legally invalid.
Sending the Claim to the Wrong Agency
The claim must be sent to the federal agency responsible for the incident.
For example:
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Immigration detention claims may involve U.S. Immigration and Customs Enforcement
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Prison claims may involve the Federal Bureau of Prisons
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Military claims may involve the Department of Defense
Sending the claim to the wrong agency can delay the process or create complications.
Missing the Two-Year Deadline
FTCA claims are subject to strict timing rules.
If the administrative claim is filed after the two-year deadline, the claim may be permanently barred.
Because of this, prompt action is essential.
Providing Incomplete Information
Incomplete descriptions or missing documentation can make it difficult for the agency to evaluate the claim.
Providing clear facts and supporting materials improves the chances that the claim will be reviewed properly.
Where Should Standard Form 95 Be Sent?
Standard Form 95 must be submitted to the federal agency responsible for the incident.
Many agencies publish instructions for filing FTCA claims.
For example, incidents involving immigration detention facilities may involve:
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Immigration and Customs Enforcement (ICE)
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The Department of Homeland Security
Identifying the correct agency ensures the claim reaches the proper office for review.
What Happens After You File Standard Form 95?
After the agency receives the claim, the agency begins an administrative review.
During that time, the agency may:
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investigate the incident
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request additional information
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evaluate medical records
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consider settlement options
The agency may ultimately approve or deny the claim.
If the claim is denied—or if six months pass without a decision—the claimant may file a lawsuit in federal court.
At that point, the case moves from the administrative stage to litigation.
Why Many FTCA Claims Are Denied
Even when Standard Form 95 is filed correctly, federal agencies frequently deny claims.
Several legal defenses often arise.
For example, the government may argue that:
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The conduct falls within the discretionary function exception.
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The employee was not acting within the scope of employment
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The government retains immunity under the law
Because these defenses can be complex, many claims require litigation in federal court.
Key Takeaway
Filing Standard Form 95 is the required first step in bringing a claim under the Federal Tort Claims Act.
However, the form must be completed carefully.
Missing information, incorrect agencies, or a failure to include a specific dollar amount can prevent a claim from ever reaching court.
Understanding the administrative claim process is therefore essential when seeking compensation from the federal government.
Quick Summary
To file a claim under the Federal Tort Claims Act:
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“Complete Standard Form 95″
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“Provide a specific dollar amount (“sum certain”)”
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“Send the claim to the correct federal agency”
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“File the claim within two years of the incident”
Only after completing this process may a lawsuit be filed in federal court.
