Legal Question in Federal Tort Claims in Rhode Island
limitations of actions
What is the time limit for an incarcerated person to make a claim. Does the time start to run at the time of his release. how long does the person have to give notice of the intention to make a claim under the Federal Tort Claims Act?
Asked on 1/28/00, 11:02 am
1 Answer from Attorneys
Clark Evans
Evans Law Firm
Re: limitations of actions
An injured person, incarcerated or otherwise, has two years from when they discover the injury to file an administrative claim against the federal agency which caused the injury. The administrative claim is mandatory in that it must be filed and disposed of before a federal lawsuit may be filed. The agency has 6 months to deal with the claim. I am not completely sure whether incarceration would toll the two-year period. I suspect it would not.
Clark Evans
Answered on 1/28/00, 9:10 pm
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