period, the claimant may not file suit. The third possible outcome for a claim is administrative settlement. If the claim is settled for less than $25,000, the Federal agency with which the claim was filed has the authority to approve the settlement. If the claim is to be settled for more than $25,000, the Department of Justice must approve the claim. Judicial Stage If a claimant decides to file suit in Federal district court either after the denial of a claim or when no determination is made on a claim within the 6-month period, the Department of Justice will determine whether the claim is within the scope of FTCA coverage. If so, the trial will go forward. The Department of Justice will assign an attorney to defend the suit unless there is duplicative private insurance coverage. If that is the case, the DOJ will require the private insurance carrier to defend the suit under the direction of a U.S. Attorney. If there is no duplicative private insurance coverage, the U.S. Attorney will defend the action. The lawsuit will either be settled, dismissed before a judgment is rendered (for example, if the claim was not filed properly), or a trial without a jury will be held which will result in a judgment on the merits of the claim. If the plaintiff is successful, the next step in this process is to determine who will pay the judgment. Normally, the U.S. government will pay the judgment. If there is duplicative private insurance coverage, however, the insurance company will pay up to the limits of the insurance policy and the Federal judgment fund will cover the remaining amount. If the insurance company refuses to pay, the U.S. government will pay the judgment and file suit against the insurance company for indemnification and/or subrogation. 2 Administrative and Judicial FTCA Claims Process Tort claim presented to appropriate Federal agency within 2 years after claim arises (28 U.S.C. §2401(b)) No duplication of insurance coverage: U.S. pays Duplication of coverage and insurance company refuses Duplicative coverage and insurance company accepts its payment responsibility: company pays up to |