claim against state agency- MA CHPTR 258 SEC 4

[parallelplainz8]

I have a legitmate claim of negligence with proof in hand.
had sent a claim form standard form 95 to the executive officer incharge of the department in question. I then in return recieve'd a letter form the state attorney syaing the form I had used was for claims agianst federel agency's.

I have read the chapter 258 about claims against state agency's and no where does it say on what format the claim should be presented.

what is the proper presentment for a claim against a state agency?

I have written a claim letter using this form--

my name
address

executive officer's name
agency address and agency

paragraph stating I am making a claim, the negligent action, and date my cause of action arose.

paragraph stating what dollar amount i am looking for..

paragraph stating thanks for any help provided

signature

list of witness's and there contact information

(along with all of my proof attached to the letter)



is this right? if not please help me, it seem's there are alot of screw up's in this department. and this is not the first time they have messed up on my behalf.

 

[Silverplum]

What is the name of your US state?

 

[parallelplainz8]

massachussette's.. as in MA.. sorry..

 

[tranquility]

Ask the agency for the proper form. Most agencies have their own. Use their claim form or they will deny it. (As they already have.) But, don't get your hopes up. For any liability issue regarding negligence, you will be denied anyway and your "claim" is probably good enough to take to court as being under the claims act.

 

[parallelplainz8]

I have a feeling they messed with my claim form i had sent. It was properly presented through certified mail, completed correctly, had all of my proof attached. the state attorney to tell me my standard claim form 95 was for federal agency's which I had found information regarding to the mass tort law which stated I needed a standard form 95 was a little confusing and frustrating.

This is an issue with a probation department screwing up CARI. I had already corrected them before I was fully charged and they still did not fix my CARI, I lost job opportunitie's because of there negligence in handling my document's. I even have a "proof of CARI correction" letter where they had screwed up the docket number in the letter. It's ridiculous how many problems people have had there. To be honest. I had a misdemeanor maryjuana charge which they had made a felony cocaine charge.

 

[parallelplainz8]

I had interviewed at raytheon twice and was denied because of this charge, I'm a smart guy. I was working at a kevlar company up until I got rear ended on my way to work.. I do not do drug's like alot of other poeple do wasting there lives away, maybe I smoke a joint here an there but that's my decision. I don't drink, I research alot. lol

Thanks for your help.
Michael

 

[tranquility]

Call the legal department of the department that employed the person who made the error and *ask* for the proper claim form. Submit it. Be denied. Sue.

Prove there was no discretion in what they did. Prove they had a duty they breach which cause you damages and then prove those damages--profit, ah, be made whole.

You have probably made a claim which will stand up to being in compliance with the act as the courts seem to focus on substance over form on such matters. Yet, since it is a specific statute which gives you the right to sue at all, if you are within the time frame, I'd submit the particular agency's form so as to prevent one more argument later on.

You have years before you will see a cent. Even then, if you're doing this pro per, you have little chance of recovery.

 

[parallelplainz8]

Thanks again, I'll be sure to do that.

Michael