29 CFR 15.103 – May an agent or legal representative file an FTCA administrative claim on behalf of a claimant?
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(a) An agent or legal representative may file a claim on behalf of a claimant.
Terms Used In 29 CFR 15.103
- Lien: A claim against real or personal property in satisfaction of a debt.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Representative’s fees are limited to not more than 20 percent of the amount paid for a claim settled in an administrative claim, and to not more than 25 percent of a judgment or settlement award after litigation is initiated. 28 U.S.C. § 2678.
(c) If a representative is dismissed from representing a claimant before the claim is resolved, the representative may not place a lien on the claimant’s recoveries under the claim.
(d) Any purported representative of a minor must provide documentation that he or she is the legal agent of that minor.