Every SF-95 requires the claimant to state the specific dollar amount they are seeking. This is the “sum certain.” It might seem like a formality, but under 28 U.S.C. § 2675(b), this number generally sets a hard ceiling on what the claimant can later recover in a lawsuit, with only a narrow exception for newly discovered evidence of additional damages that the claimant could not reasonably have known about at the time of filing.
A simplified example: if an SF-95 states a sum certain of $500,000, and the claim later proceeds to a federal lawsuit where a judge determines that $750,000 in damages would otherwise be appropriate, the court will generally still cap the recovery at $500,000, the amount the claimant originally requested, absent that narrow exception.
Why this number is hard to get right without help:
- It has to account for past and future medical expenses, which requires input from medical providers and often a life-care planner for serious injuries.
- It has to account for lost wages and diminished earning capacity, which usually requires an economic analysis.
- It has to account for pain and suffering, which has no fixed formula.
- You have to calculate it before the full scope of a long-term injury may even become apparent.
Because you will have great difficulty revising the sum certain upward later, you should generally calculate it with input from an attorney and, where appropriate, medical and financial experts, rather than estimating it informally.
If a VA healthcare provider or VA facility has injured you or a loved one, you may be able to recover compensation. Contact our office and schedule a free consultation.