How to File a Tort Claim

If you become inured or your property is damaged you may file a tort claim against the Smithsonian Institution. The Institution processes claims in accordance with the Federal Tort Claims Act. To file a claim, complete these steps:

Complete Standard Form 95 claim form. Explain in detail what happened. Use additional pages if necessary. Make sure you specify the total amount of money you seek (12d) and sign the form (13a).

Attach all documents that support your claim. For property, attach relevant receipts, estimates, invoices for repairs, and photographs of the damaged item. If it cannot be repaired, please include the age of the item and its purchase price. If you were involved in a car accident, send a copy of the police report.

For injury: attach medical records, including the doctor’s diagnosis, records of treatment, treatment plans, receipts, medical bills, and a statement indicating what portion of your treatment, if any, is being paid under a medical insurance plan. Include all documents that support the injuries you are claiming.

For lost wages: include proof of employment and salary, a statement from your employer for the time you were absent, and a doctor’s statement indicating you were unable to work due to the injury.

Mail the claim form and supporting documents to:

Annette Fancher
Office of the General Counsel
SIB 302, MRC 012
Smithsonian Institution
P.O. Box 37012
Washington, D.C. 20013-7012

(202) 633-5096 fanchera@si.edu

The Institution will investigate the facts you present and examine the legal basis for the claim. The General Counsel will determine the disposition of your claim. The General Counsel’s decision will be forwarded to you by certified mail. This process may take several months.