Court of Claims

Every state has a court of claims with special limited jurisdiction over civil cases. The federal government also has its own court of claims, which handles specific cases. Both federal and state court of claims handles claims against the government or its affiliates.

The Federal Court of Claims

The federal court of claims handles cases filed against the federal government, while a state’s court of claims handles suits against that state. A state’s court of claims does not typically have jurisdiction over cases against a specific county or city within that state and is precluded from hearing cases against certain government related entities.

Sixteen judges preside over the federal court of claims. These judges are elected by the president and confirmed by the senate for a term of fifteen years. Cases that go to the court of claims are heard by a judge rather than by a jury.

Civil Claims

The federal court of claims exists to handle cases involving monetary (civil) claims above a certain dollar amount. The grounds on which these claims are made based on the laws of the constitution, federal statutes and regulations, contracts, and the like. The average amount of money requested through a claim exceeds one million dollars, though the federal court of claims handles smaller claims with equal efficiency.

Tax Law, Government Contracts, Environmental Law

The court of claims also resolves a number of other issues. One out of four cases handled by the federal court of claims involves tax law. The federal court of claims has concurrent jurisdiction over these cases with the U.S. district courts. One out of three cases that go to the federal court of claims involves government contracts.

Approximately ten percent of court of claim cases involves issues about the environment and natural resources. Civilian and military pay questions, bid protests, and vaccine compensation cases are also handled by the federal court of claims.

States Court of Claims

State court of claims is similar to the federal court in that they both handle claims against the government. A state’s court of claims handle cases brought against the state and those against certain government institutions.

However, state court of claims do not have jurisdiction over cases against smaller regions of a state, such as a city or county. A state’s court of claims hears civil cases involving a certain monetary amount. These cases can include any claim made against the state involving:

• Appropriations
• Wrongful death
• Intentional or negligent personal injury
• Breech of contract
• Others

The court of claims is the court that handles claims made by correctional facility inmates against the state.

If you are interested in learning more about cases that are handled by the state or federal court of claims, you may wish to speak to an experienced attorney who can advise you of your legal rights and options. Please contact us to speak with a qualified attorney who can evaluate your case to determine how best to proceed with your legal interests in mind.