Can You Sue the Military for Negligence?
By Space Coast Daily // August 2, 2024
Were you injured during your US military service? You may be curious if you can sue the military for negligence. The answer is yes, but generally, suing the US government successfully is challenging but not impossible.
The best path forward is to have a Mundelein personal injury lawyer review your case. A personal injury attorney can review your case details and determine your legal options.
Who Can Sue The Military?
Lawsuits over the years have changed who can file personal injury claims against the United States military. At this time, anyone who is not serving actively can file a lawsuit against the military for negligence. There are also legal options for those who were negligently injured during their service. No matter who you are, if you served in the military, you have the right to sue.
What Is The Federal Tort Claims Act?
The Federal Tort Claims Act (FTCA) gives military civilians and dependents the right to sue the military for damages related to an injury. This act is vital because it provides a legal voice to the average US citizen harmed by negligence by the US military, including the Army, Marines, Air Force, Navy, and others. The law also allows US citizens to sue any US government agency that allegedly harmed them.
What Is The Feres Doctrine?
Some legal experts argue that the Feres Doctrine precludes military members from suing the military. This doctrine stems from a court case—Feres v. United States. In that case, military personnel were hurt during active duty. The US Supreme Court found that the US government wasn’t liable for paying damages to military members hurt by other military members on active duty.
However, in 2022, the US Congress adjusted the Feres Doctrine. It allowed military members hurt by exposure to contaminated water while on active duty to file claims against the appropriate military branch.
The Feres Doctrine is still relevant, but there are exceptions to this rule. If you think you deserve compensation for injuries related to military duty, you should review the case with a skilled personal injury attorney.
What Happens After Your Claim Is Filed?
Once you file a claim for compensation from the US military, the appropriate military agency has six months to review the matter. During this period, the military branch can deny the claim. However, the case is not closed. If your claim is denied, you can ask the military to reconsider it. You can also speak to a personal injury attorney about filing a lawsuit in federal court.
You have six months to file a federal lawsuit if the negligence claim is rejected. The case is closed if you do not file a lawsuit within that time.
Suing the US military for negligence after you were hurt during service isn’t easy. A lawsuit against a government entity is more complicated than other cases. However, a skilled military or personal injury attorney can review your case for free. There are many examples where injured former service members have obtained compensation for injuries sustained while on duty.
