Compensation for Military Training Accidents on Private Property

When the military conducts a training exercise in the vicinity of private property, there is the possibility that there may be injuries or property damage on the nearby land. When this happens, the victims or property owners might be able to seek compensation from the federal government. The question is where they can file the claim and the rules that may apply when they seek compensation. An experienced Orange County military PI attorney can advise you about jurisdiction and properly pursue compensation. 

When You May Be Injured By a Military Training Accident on Private Property

Certain military units may operate in close proximity to civilian areas. For example, a local National Guard unit may conduct training exercises near private property. There may have been an accident involving a military aircraft, where the plane crashed into or near private property. There may have been an accident due to negligence or poor planning, and you may have suffered harm in the following circumstances:

• The training encroached on your land without your consent, and you suffered property damage
• There was an accident near your property that caused damage on your property
• You suffered an injury as a bystander when you were on your own property

Who Can Be Held Responsible for a Military Training Accident on Private Property?

The proper defendant in your case depends on who was involved in the training accident. If the training exercise was under the auspices of the United States military, you might file a claim against the federal government. In some cases, there may have been defense contractors who participated in the exercise, and they can be sued if their negligence caused your damages. If you were injured by a state guard unit, you would file a lawsuit against the state under a different legal framework.

How to File a Claim for Your Damages

Where you begin the legal process depends on who was responsible for the training accident. In most cases, you will be filing your case against the government under the Federal Tort Claims Act. A core requirement of the FTCA is that you file a claim directly with the government first. They will have six months to respond. You can only take your case to court if the DoD denies your claim or you cannot reach a settlement agreement. If your case is against a non-governmental entity, you can begin your case in federal or state court, depending on the jurisdiction and the advice you receive from your military PI attorney. 

Contact an Orange County Military PI Lawyer

If you have been injured or have suffered damages from a military training accident, reach out to The Law Offices of William Bruzzo. You can schedule a free initial consultation to discuss your case by filling out an online contact form or by calling us today at (714) 547-4636.  We understand the unique legal issues involving the United States military due to our background as an active duty servicemember.