Administrative Claim

What is an Administrative Claim?

For maritime law, administrative claims might be the critical first step an injured party must file before filing a suit against the United States. It can also act as a general step before litigation. In some cases, such as under the Admiralty Jurisdiction Extension Act, an administrative claim must be filed by the individual with the responsible federal agency before any kind of lawsuit can happen. 

Key Takeaways

  • Administrative claims are necessary if an accident happens involving maritime commerce and navigable waters
  • Administrative claims must get filed before a lawsuit can happen
  • Using Standard Form 95 is the recommended option to file a claim 

Why Must an Administrative Claim Get Filed?

A case falls under admiralty jurisdiction if an accident happens on navigable waters of the United States and involves some aspect of maritime commerce. The procedure of filing an administrative claim works as an alternative to litigation.

The requirement to file an administrative claim first comes from the Admiralty Jurisdiction Extension Act (AJEA). This Act covers causes of action for vessel-caused damage done or consummated on land. 

Interestingly enough, the administrative claim requirement does not extend to causes of actions and claims that fall under other acts, such as the Public Vessels Act (PVA) or the Suits in Admiralty Act (SAA). 

The administrative claim mandate was created for a few policy reasons: 

  1. To promote the fair and equitable treatment of claimants
  2. To decrease the burden of litigation on federal courts
  3. To decrease the cost of processing claims

Administrative claim filings are a jurisdictional requirement. If it is not satisfied, the injured party’s suit automatically gets dismissed. 

Administrative Claim Requirements Under the AJEA

Under the AJEA, an administrative claim must be filed. The injured party has to submit a written notice of claim to the agency responsible for the damage before filing suit in district court. Filing a suit can only happen six months after presenting the administrative claim. Both of these actions must occur before the statute of limitations is up. The statute of limitations dictates how much time someone has to bring legal proceedings forward after an event happens. In this case, it is two years. 

When filing an administrative claim, claimants should have a single standard for presenting it that is common to all of the statutes that may be relevant. To be safe, the claim should be compliant with other statutes.

There is no particular form that needs to be used in filing, but most agencies request Standard Form 95. Other requirements include:

  • Property damage claims need to be presented by the owner
  • Personal injury claims must be presented by the injured person
  • Claims need to be presented in the name of the real party in interest 
  • Claims must be presented by the real party or an authorized agent or representative

The claim needs to be presented to the federal agency that owns or operates the maritime vessel where the damage or injury occurred. 

How to File an Administrative Claim

In the original filing, claimants must present the following information:

  • Identity of the government vessel involved
  • Identify of the people involved
  • Complete identification of the claimant
  • Date, time, and place of the incident giving rise to the claim
  • Description of the event that happened
  • Nature and extent of the loss, injury, or damage
  • The total amount being claimed
  • Information of all of the known witnesses

The more information the better. If anything is missing, the agency can request for more information to be added. They can also dismiss the claim.

Filing an administrative claim may seem filled with must-remember details, which is why having an attorney guide you through the process is helpful for your claim.

Featured Maritime Injury Lawyers

Maidenberg Law Group

Google rating
36 years in practice
Auto Accidents, Maritime Injury, Personal Injury, Premises Liability, Wrongful Death
View Profile

Weltin, Streb and Weltin, LLP

Google rating
53 years in practice
Auto Accidents, Construction Injury, Maritime Injury, Personal Injury, Wrongful Death
View Profile

Hedge Copeland, PC

Google rating
33 years in practice
Maritime Injury, Nursing Home Abuse & Neglect, Personal Injury, Wrongful Death
View Profile

Orange County Personal Injury Attorney

Google rating
22 years in practice
Auto Accidents, Personal Injury, Wrongful Death
View Profile

Ibrahim Law Firm

Google rating
11 years in practice
Auto Accidents, Bankruptcy, Personal Injury
View Profile

JSM Injury Firm APC

Google rating
4 years in practice
Auto Accidents, Personal Injury, Premises Liability, Wrongful Death
View Profile

Related Posts

Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram