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Claim for Damage, Injury, or Death

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CLAIM FOR DAMAGE, INJURY, OR DEATH

INSTRUCTIONS: Please read carefully the instructions on the reverse side and supply information requested on both sides of this form. Use additional sheet(s) if necessary. See reverse side for additional instructions.

FORM APPROVED OMB NO. 1105-0008

1. Submit to Appropriate Federal Agency:

2. Name, address of claimant, and claimant's personal representative if any:

3. Type of Employment

4. Date of Birth

5. Marital Status

6. Date and Day of Accident

7. Time (A.M. or P.M.)

8. Basis of Claim (State in detail the known facts and circumstances attending the damage, injury, or death, identifying persons and property involved, the place of occurrence and the cause thereof. Use additional pages if necessary).

9. Property Damage

Name and address of owner, if other than claimant (Number, Street, City, State, and Zip Code).

Briefly describe the property, nature and extent of the damage and the location of where the property may be inspected.

10. Personal Injury/Wrongful Death

State the nature and extent of each injury or cause of death, which forms the basis of the claim. If other than claimant, state the name of the injured person or decedent.

11. Witnesses

Name

Address (Number, Street, City, State, and Zip Code)

12. Amount of Claim (in dollars)

12a. Property Damage

12b. Personal Injury

12c. Wrongful Death

12d. Total

I certify that the amount of claim covers only damages and injuries caused by the incident above and agree to accept said amount in full satisfaction and final settlement of this claim.

13a. Signature of Claimant (See instructions on reverse side).

13b. Phone Number of Person Signing Form

14. Date of Signature

INSURANCE COVERAGE

In order that subrogation claims may be adjudicated, it is essential that the claimant provide the following information regarding the insurance coverage of the vehicle or property.

15. Do you carry accident insurance?

If yes, give name and address of insurance company (Number, Street, City, State, and Zip Code) and policy number.

16. Have you filed a claim with your insurance carrier in this instance, and if so, is it full coverage or deductible?

17. If deductible, state amount.

18. If a claim has been filed with your carrier, what action has your insurer taken or proposed to take with reference to your claim?

19. Do you carry public liability and property damage insurance?

If yes, give name and address of insurance carrier (Number, Street, City, State, and Zip Code).

INSTRUCTIONS

Claims presented under the Federal Tort Claims Act should be submitted directly to the "appropriate Federal agency" whose employee(s) was involved in the incident. If the incident involves more than one claimant, each claimant should submit a separate claim form.

Complete all items - Insert the word NONE where applicable.

A CLAIM SHALL BE DEEMED TO HAVE BEEN PRESENTED WHEN A FEDERAL AGENCY RECEIVES FROM A CLAIMANT, HIS DULY AUTHORIZED AGENT, OR LEGAL REPRESENTATIVE, AN EXECUTED STANDARD FORM 95 OR OTHER WRITTEN NOTIFICATION OF AN INCIDENT, ACCOMPANIED BY A CLAIM FOR MONEY DAMAGES IN A SUM CERTAIN FOR INJURY TO OR LOSS OF PROPERTY, PERSONAL INJURY, OR DEATH ALLEGED TO HAVE OCCURRED BY REASON OF THE INCIDENT.

THE CLAIM MUST BE PRESENTED TO THE APPROPRIATE FEDERAL AGENCY WITHIN TWO YEARS AFTER THE CLAIM ACCRUES.

Privacy Act Notice

This Notice is provided in accordance with the Privacy Act, 5 U.S.C. 552a(e)(3), and concerns the information requested in the letter to which this Notice is attached.

A. Authority: The requested information is solicited pursuant to one or more of the following: 5 U.S.C. 301, 28 U.S.C. 501 et seq., 28 U.S.C. 2671 et seq., 28 C.F.R. Part 14.

B. Principal Purpose: The information requested is to be used in evaluating claims.

C. Routine Use: See the Notices of Systems of Records for the agency to whom you are submitting this form for this information.

D. Effect of Failure to Respond: Disclosure is voluntary. However, failure to supply the requested information or to execute the form may render your claim "invalid."

Paperwork Reduction Act Notice

This notice is solely for the purpose of the Paperwork Reduction Act, 44 U.S.C. 3501. Public reporting burden for this collection of information is estimated to average 6 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing the burden, to the Director, Torts Branch, Attention: Paperwork Reduction Staff, Civil Division, U.S. Department of Justice, Washington, DC 20530 or to the Office of Management and Budget. Do not mail completed form(s) to these addresses.

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What a Claim for Damage, Injury, or Death Is

A Claim for Damage, Injury, or Death is a formal written statement asserting loss or harm and requesting compensation or other relief. Typically used to notify an insurer, identify at-fault parties, summarize facts and injuries, and quantify damages, the claim assembles supporting evidence such as medical records, repair estimates, police reports, and witness statements. It may initiate insurance claims, settlement negotiations, or court litigation. Electronic execution is generally acceptable under the ESIGN Act (15 U.S.C. ch. 96) and state UETA laws so long as intent, attribution, consent, and record retention requirements are met.

Why a Clear, Complete Claim Matters

A precise claim organizes facts, preserves evidence, and starts the insurer or court process; it also helps protect statute of limitations rights and supports accurate reserve setting.

Why a Clear, Complete Claim Matters

Who Typically Prepares and Reviews These Claims

The following roles most often complete or receive a Claim for Damage, Injury, or Death.

  • Claimant or family member filing for compensation with insurer or opposing party.
  • Attorney or legal representative preparing detailed allegations and supporting exhibits.
  • Claims adjuster or insurer reviewer assessing liability, damages, and coverage.

Multiple parties may complete, sign, or certify the claim depending on whether it proceeds as an insurance claim or a court filing.

Step-by-Step: Completing the Claim Form

Follow these practical steps to produce a usable claim that supports settlement or litigation.

  • 01
    Gather evidence: Collect medical records, repair estimates, photos, police reports, and invoices.
  • 02
    Describe incident: Provide a clear timeline, location, witnesses, and immediate actions taken.
  • 03
    Itemize damages: List past and expected expenses, lost wages, pain and suffering estimates.
  • 04
    Sign and date: Sign where indicated; include printed name and date in MM/DD/YYYY format.

Frequently Asked Questions and Quick Answers

Common questions about execution, evidence, and next steps when preparing a Claim for Damage, Injury, or Death.


Need help? Contact support

Typical eSignature Options for Completing Claims

Comparison of common eSignature vendors and plan-level capabilities relevant to completing Claim for Damage, Injury, or Death forms.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Core Components of a Professional Claim Document

A complete claim combines factual narrative, liability analysis, and documentary support in a clear, easily verifiable format.

Claimant Information

Full legal name, contact information, date of birth, and relationship to the deceased or injured party for identity and payments.

Incident Details

Concise timeline, location, parties involved, and immediate remedies to establish causation and context for liability.

Injury and Damage Summary

Medical diagnoses, treatment dates, property damage descriptions, and estimated future care or repair needs.

Witness and Police Reports

Names, contact details, and attached official reports to corroborate the claimant's account and preserve testimony.

Itemized Damages

Past and projected economic losses with supporting invoices, bills, and repair estimates to substantiate the claimed amount.

Verification and Signature

Signature block, capacity statement, and date; include notary or representative documentation when required.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Regulatory Standards: ESIGN and UETA compliant
Health Data: HIPAA-compliant with BAA available
Audit Trail: Timestamped logs and signer attribution
21 CFR Support: 21 CFR Part 11 capabilities available
Certifications: SOC 2 Type II, ISO 27001

Risks and Potential Consequences of Errors

Statute Loss: Missed deadlines can bar recovery
Claim Denial: Incomplete evidence may lead to denial
Perjury Risk: False statements expose criminal penalties
Tax Exposure: Incorrect reporting can trigger IRS penalties
Reduced Recovery: Poorly itemized damages lower settlement value
Authentication Failure: Weak signing processes can reduce enforceability

Common Mistakes to Avoid

  • Providing vague incident descriptions that omit dates, times, or specific locations leading to unnecessary follow-up and delays.
  • Failing to attach key supporting documents such as medical bills or repair estimates, which weakens the claimant's proof.
  • Using inconsistent names or dates across documents that complicate identity verification and payment processing.
  • Signing without stating the signer’s capacity (personal representative, guardian, attorney) when the claimant cannot sign personally.

Where and How to Submit a Claim

Select the correct recipient and delivery method based on whether the claim is insurance-first or court-bound.

  • Insurer Claims Department: Submit to the insurer's claims inbox or portal with required attachments.
  • Agent or Broker: Deliver through your insurance agent to ensure proper routing.
  • Court Filing: File with the clerk if converting to a lawsuit; follow local rules.
  • Certified Delivery: Use certified mail or tracked eDelivery for proof of receipt when required.

Configuring an Online Claim Workflow

Basic configuration settings to streamline eSubmission, authentication, and document capture.

Field Configuration
Authentication Level Email + SMS code or ID verification for higher assurance
Required Fields Make claimant name, date, and signature mandatory
Conditional Logic Show extra fields for death or catastrophic injury
Attachments Require PDFs for medical bills and photos

Technical Needs for Digital Completion

Ensure the chosen platform supports required formats, authentication, and secure storage before e-filing.

  • File Types: PDF, DOCX, and image uploads supported
  • Integrations: Connectors for CRM, cloud storage, and case management
  • Authentication Options: Email, SMS, KBA, or identity verification

Confirm retention, audit trail, and BAA support where healthcare or sensitive personal data is present.

Real-World Examples of Digital Claim Workflows

Two brief examples illustrate how organizations streamline claims with digital forms and eSignatures.

Martin Properties

Martin Properties shifted property damage submissions online to reduce processing time by removing in-person steps.

  • The platform captured signatures and photos on mobile during site visits.
  • As a result, the team reported faster evidence collection and fewer lost forms while maintaining compliance controls for record retention and audit trails.

Optica Ventures

Optica Ventures standardized incident reporting across sites using an electronic claim template for injuries.

  • Staff accessed the template on phones to complete reports immediately.
  • Immediate submission improved witness availability, shortened investigation cycles, and produced a clearer timeline for adjusters assessing liability.

Tips for Accurate and Efficient Claim Preparation

Adopt consistent formats and documentation practices to reduce disputes and accelerate resolutions.

Use standard date formats
Enter dates as MM/DD/YYYY throughout. Consistency prevents confusion and supports timeline analysis during claims review.
Attach substantiating documents
Always include medical records, invoices, and photos with your initial submission to reduce requests for additional evidence.
Document witness information
Collect full names, contact details, and short witness statements to preserve testimony before memories fade.
Keep originals and copies
Retain original documents and secure electronic copies with audit trails for the duration of the retention period.

Key Deadlines and Timing Expectations

Track reporting windows, litigation deadlines, and insurer requirements to preserve rights and avoid sanctions.

Report to insurer promptly:

Notify the insurer as soon as reasonably possible, often within 30 to 90 days for optimal handling.

Statute of limitations:

Varies by state and claim type; commonly one to six years—verify your state statute immediately.

Medical lien timing:

Serve medical providers and lienholders according to local rules to preserve subrogation and billing rights.

Court filing deadlines:

If suit is necessary, file before the statute of limitations expires to avoid dismissal.

Evidence preservation:

Preserve tangible evidence and digital records promptly to avoid spoliation disputes.

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