Joint Military-Civilian Jurisdiction: Complex Injury Claims

There are instances in which both a civilian and military court may have jurisdiction over a legal matter. Depending on where an accident occurred and who was involved, it may be possible to file a claim in more than one jurisdiction. It is crucial that you understand jurisdictional issues and the ]rules and limitations of each forum before you file a personal injury action. An Orange County Military PI lawyer can help determine the rules that apply to your case and where you should file your action. 

There may be instances in which there is an overlap between military and civil jurisdiction. This overlap can occur in the following fact patterns:

• A civilian contractor is injured in an accident that happened on a military base
• A service member or DoD civilian is injured in an accident that occurred off-base
• One is injured through something that happened at a VA hospital
• An off-duty service member is injured in an accident, which involves some element of military investigation

Legal Challenges in Cases Involving Civilian and Military Jurisdiction

Besides determining which court may have jurisdiction over the case, you may encounter numerous other legal issues in a joint jurisdiction case. The first issue is whether you may sue the United States government. There might be sovereign immunity laws that apply and prohibit you from suing them in certain types of cases. Then, as a servicemember, you could be restricted from suing the government for injuries that occurred during your service under the Feres Doctrine (servicemembers can now sue for medical malpractice, but the case still cannot be filed in a state court). Even if you have the ability to file a lawsuit in a state court, you may first need to go through an administrative claims process before you can take your case there. 

When Does a State or Federal Court Have Jurisdiction in a Military Personal Injury Claim?

It may be difficult to know which court has jurisdiction in your case, making it even more important that you hire a military PI lawyer. If you are a servicemember, and your claim involves a third party, you may sue in state court just like anyone else. If you are a civilian, and you were injured on base (and the government is the defendant), you may need to file a claim with DoD first. You may only take your case to court if DoD denies your claim or will not make you a reasonable settlement offer to resolve your case. 

Contact an Orange County Military PI Lawyer Today

If you have suffered a military-related personal injury, reach out to Attorney Will Bruzzo, a former U.S. Marine Corps Major. We represent clients in personal injury cases involving military personnel and their families. With firsthand military experience, he understands the unique challenges service members face. Whether you’re on active duty, a reservist, or a military family member, Attorney Bruzzo offers free initial consultations to discuss your case and legal options. Don’t deal with the complications of the military and civilian legal systems alone. Contact the Law Office of William W. Bruzzo today at 714-547-4636 or contact us online to schedule your free consultation.