Combat-Related Injuries vs Civilian Accidents: Legal Differences

Combat-related injuries and civilian accidents are two distinct types of cases that present unique legal differences. If you are dealing with your first military injury claim and expecting it to go like a civilian injury claim, you may be in for some surprises. If you have been injured due to the military’s negligence in combat, meet with a tried-and-true Orange County military injury attorney who can provide you with legal advice and representation. 

Understanding Combat-Related Injuries

Combat-related injuries occur during military service or as a result of military operations. These injuries can range from traumatic brain injuries and amputations to post-traumatic stress disorder (PTSD) and hearing loss. Combat-related injuries are often the result of combat operations, training exercises, or military accidents. They can have long-term physical, emotional, and psychological effects on the individuals involved.

When it comes to combat-related injuries, there are specific legal requirements that must be met in order to pursue a personal injury claim. For example, the Feres doctrine, which originated from a Supreme Court case in 1950, prevents active-duty military personnel from suing the federal government for injuries that occur incident to service. There are exceptions to this doctrine, such as medical malpractice claims or injuries that occur outside of direct combat.

Understanding Civilian Accidents

Civilian accidents, on the other hand, occur in non-military settings and involve personal injury or property damage. Common examples of civilian accidents include car crashes, slip and falls, workplace accidents, and medical malpractice. Unlike combat-related injuries, civilian accidents are not subject to the complexities of military laws and regulations. Instead, they fall under the purview of general personal injury laws and regulations applicable to civilians.

In civilian accident cases, the injured party is entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages if the other party is found to have caused or contributed to the accident. To pursue a personal injury claim for a civilian accident, negligence on the part of the responsible party. This requires proving that the responsible party had a duty of care, breached that duty, and caused the injuries or damages.

Legal Requirements to Pursue Combat Personal Injury Claim

Pursuing a personal injury claim for a combat-related injury comes with certain legal requirements that must be met. While the Feres doctrine restricts the ability of active-duty military personnel to sue the federal government, there are exceptions that allow for legal action in certain circumstances. As your Orange County military injury lawyer, our office can help you traverse these hurdles as quickly and easily as possible. In that vein, here are the key legal requirements for a combat personal injury claim:

• Non-Combat Activity: Injuries that occur during non-combat activities, such as training exercises or military accidents, are not subject to the Feres doctrine. In these cases, military personnel may be eligible to file a personal injury claim against the government.
• Medical Malpractice: Injuries resulting from medical malpractice by military healthcare providers can also be the basis for a personal injury claim. Military hospitals and healthcare providers are held to a professional standard of care, and if they fail to meet that standard, they are responsible for the resulting injuries.
• Negligence of Third Parties: If the injuries were caused by the negligence of a third party, such as a civilian contractor or equipment manufacturer, the injured military service member should have a valid personal injury claim against that party.
• Disability Benefits vs. Personal Injury Claims: In some cases, combat-related injuries are eligible for disability benefits through the Department of Veterans Affairs (VA) instead of pursuing a personal injury claim. Ask your Orange County military injury attorney to determine the best course of action.
• Statute of Limitations: Like civilian personal injury claims, there are time limitations for filing a combat injury claim. 

Things You Must Consider with Military Injury Cases

While combat-related injuries and civilian accidents share some similarities, there are several key considerations that are unique to military cases. Here are some things you must consider with military injury cases that are not issues with similar civilian matters:

• Military Jurisdiction: Military injury cases often involve military jurisdiction, which can impact the legal process and the rights of injured individuals. 
• Feres Doctrine: As mentioned earlier, the Feres Doctrine restricts the ability of active-duty military personnel to sue the federal government for injuries that occur incident to service. Understanding the exceptions to this doctrine and how they apply in your case is important.
• Department of Veterans Affairs (VA) Benefits: In addition to pursuing a personal injury claim, injured military personnel are generally eligible for disability benefits through the VA. Know the interaction between personal injury claims and VA benefits to maximize the compensation available.
• Complexity of Military Laws and Regulations: Military injury cases involve unique laws and regulations that do not apply in civilian cases. Understanding these nuances and how they can impact your case requires the savvy of an experienced, reputable Orange County military injury attorney.

Legal Process for Combat-Related Injury Claim

Here is an idea of the legal process for a combat-related injury claim:

• Investigation and Gathering Evidence: As your attorney, the Law Office of William Bruzzo will conduct a thorough investigation to gather evidence that supports your claim. This may include medical records, witness statements, military reports, and expert opinions.
• Negotiations and Settlement: Our team will negotiate with the responsible parties and their insurance companies to get you the best possible settlement.
• Litigation: In some cases, litigation is unfortunately necessary to pursue maximum compensation. As your attorney, we will file a lawsuit, and the case will proceed through the court system. This legal process involves discovery, depositions, and trial.
• Appeals: If a favorable verdict is not reached, you can explore the option of appealing the decision.

An Orange County Military Injury Attorney to Fight For You!

The skillful, dedicated, and steadfast Orange County military injury lawyer at the Law Office of William Bruzzo are highly familiar with military injury cases. If you have been injured in combat or a civilian accident, protect your rights now and demand the financial compensation you deserve. At the Law Office of William Bruzzo, we are dedicated to helping our military heroes in Orange County get justice. Contact us now to get started!