32 C.F.R. § 536.29 Compensation for property damage, personal injury, or death.
Title 32 - National Defense
(a) Measure of damages for property claims—(1) General. The measure of damages in property claims arising in the United States or its possessions will be determined in accordance with the law of the place where the incident occurred. The measure of damages in property claims arising overseas will be determined in accordance with general principles of United States tort law. (2) Proof of damage. The information listed below (similar to that required by 28 CFR 14.4(c)) will be submitted by a claimant to substantiate a claim. (i) Proof of ownership. (ii) Detailed statement of amount claimed for each item of property. (iii) Itemized receipt of estimate for all repairs. (iv) Statement giving date of purchase, price and, where not economically repairable, the salvage value. (3) Appraisals. The assistance of appraisers should be used in all claims where, in the opinion of the claims officer, an appraisal is reasonably necessary and useful in reaching an administrative settlement of claims. (b) Measure of damages in injury or death claims arising in the United States or its possessions. Where an injury or an injury resulting in death arises within the United States or its possessions, the measure of damages will be determined in accordance with the law of the State or possession wherein the injury arises. (1) The information listed below (similar to that required by 28 CFR 14.4(a)) will be submitted by a claimant to substantiate a wrongful death claim. (i) Authenticated death certificate or other competent evidence showing date and cause of death and age of decedent. (ii) Decedent's employment and occupation at time of death, including salary or earnings and duration of last employment or occupation. (iii) Names, addresses, birthdates, kinship and marital status of survivors. (iv) Identification of persons dependent on decedent for support at time of death and the degree of support provided. (v) Decedent's general physical and mental condition at time of death. (vi) Itemized bills or receipt for medical and burial expenses. (vii) If damages for pain and suffering are claimed, a physician's statement specifying the injuries suffered, duration of pain and suffering, drugs administered and decedent's physical condition between time of injury and time of death. (2) The information listed below (similar to that required by 28 CFR 14.4(b)) will be submitted by a claimant to substantiate a personal injury claim. (i) Written report by attending the physician or dentist setting forth the: (A) Nature and extent of injury; (B) Nature and extent of treatment; (C) Degree of temporary or permanent disability; (D) Prognosis; (E) Period of hospitalization; and (F) Diminished earning capacity. (ii) Itemized bills or receipts for medical, dental and hospital expenses. (iii) If the prognosis includes future treatment, a statement of expected expenses for such treatment. (iv) If the claim includes lost time from employment, a statement by the employer showing the actual time lost and wages and/or salary lost. (v) If the claim includes lost income by a self-employed claimant, documentary evidence of such loss. (c) Measure of damages in injury or death claims arising in foreign countries. (1) Subject to the limitations in §636.29e, where an injury, or injury resulting in death arises in a foreign country, the measure of damages will be determined in accordance with established principles of general maritime law (see generally, Moragne v. United States Lines, Inc., 398 U.S. 375 (1970), as interpreted by Federal Court decisions). Where general maritime law provides no interpretation of allowable damages under a particular theory of liability (e.g., wrongful birth), damages will be determined in accordance with general principles of United States tort law. (2) The information listed in §536.29(b) (1) and (2), as appropriate, will be submitted by the claimant to substantiate a claim. (3) A claimant who suffers serious personal injury, resulting in temporary or permanent disability should be examined by an independent physician or other medical specialist (See §536.8(b)). (d) Failure to substantiate a claim. (1) The government is not obligated to take final action on a claim until it has been supported by the claimant with specific facts substantiated by appropriate documentary evidence, reports of investigation, medical records or witness statements. Upon request, the claimant must: (i) Provide the documentation required by paragraphs (a), (b) and (c) of this section; (ii) Undergo necessary medical examinations; (iii) Permit questioning of the claimant, his or her witness, and treating medical personnel; (iv) Submit an expert opinion in a professional negligence action. (2) Failure to comply with these requirements may provide a basis for denial of a claim, in full or in part. (e) Damages not payable. The following damages are not payable in any claim arising under the Military Claims Act: (1) Punitive or exemplary damages, including damages punitive in nature under 28 U.S.C. 2674. (2) Interest on any claim settlement.
Title 32: National Defense
PART 536—CLAIMS AGAINST THE UNITED STATES
Subpart B—Claims Arising From Activities of Military or Civilian Personnel or Incident to Noncombat Activities
§ 536.29 Compensation for property damage, personal injury, or death.
