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Administrative Hearing

Definition - What does Administrative Hearing mean?

Claimants who file their personal injury claim against the federal government, the state government, or a local government have two years to file their case. Their case will be decided generally within six months by an administrative law judge. The administrative law judge will make their decision at an administrative hearing.

The administrative hearing can include arguments, a trial, or both. At the administrative hearing the burden of proof is on the plaintiff , but the rules of evidence and proving the claim may be less strict than required in a civil or criminal trial.

Why do we need administrative hearings?

Historically, the government and its employees could not be sued for negligence or injuries they caused to others. In 1946, however, the legislature passed the Federal Tort Claims Act, or the FTCA. This law established certain requirements for suing government agencies and their employees. Soon after, local governments within each state also passed similar legislation.

How does the administrative hearing process work?

Claimants who have been injured by a governmental employee who is working in his official capacity at the time of wrongdoing can file an administrative claim against the government. All claims must be filed within 2 years from the date of injury, and the governmental agency has six months to review the claim.

What happens at an administrative hearing?

Claims are heard by administrative law judges at administrative hearings. Claimants are allowed to provide evidence for their case including information about the type of injury, the extent of their injuries, and whether the injury will impact their ability to perform work.

Information about the type of compensation the claimant is requesting can also be presented, including lost income and medical costs. Claimants may also have the right to try to settle their administrative claims prior to the administrative hearing.

They can also hire a personal injury lawyer who may be willing to present their case before the administrative law judge. Lawyers are generally paid 20% of the award, but they are only paid if the claimant wins their claim.

Denied at the administrative hearing what next?

If a claim is denied by the administrative law judge the claimant will receive notification about the judge’s decision and information about how to appeal their claim. Claimants may have the right to appeal decisions by filing a request for a Motion for Reconsideration. If the judge does not reverse their decision, the claimant may file a lawsuit in federal court.

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