Military Career Impact: Calculating Damages After an Injury

At the Law Office of William Bruzzo, we understand that sustaining an injury during your military service can have a devastating impact on your career and overall well-being. It is not only physically and emotionally challenging, but it can also create financial burdens and uncertainty about the future. As an Orange County military personal injury lawyer, our team is here to provide you with the support and guidance you need during this difficult time. You have nothing to lose by reaching out to an attorney and learning about your options—please empower yourself with options and information!

Military Benefits and VA Benefits in Personal Injury Cases

Members of the military pursuing damages in a personal injury claim have additional legal considerations to make compared to civilian cases. Unlike civilians, military personnel’s damages and compensation are not solely based on their injuries. Factors such as Military Occupational Specialty (MOS), rank, and time in service are evaluated.

Understanding the interplay between military benefits and VA benefits is important for thoroughly assessing damages. While military benefits like Basic Allowance for Housing (BAH), Basic Allowance for Subsistence (BAS), healthcare, and retirement pay can be impacted by an injury, certain benefits like VA disability compensation should not be offset against damages. Again, talk to a knowledgeable, well-informed Orange County military personal injury attorney who can help identify and quantify these damages accurately.

Understanding the Integrated Disability Evaluation System

One essential program to be aware of is the Integrated Disability Evaluation System (IDES). This system helps injured military members transition seamlessly to veteran status and access VA benefits. The IDES process involves evaluating service-connected disabilities that may result in a separation from the military for medical reasons. The evaluation includes criteria such as medical conditions, ability to perform military duties, and prognosis.

By understanding the IDES process and the differences between Department of Defense (DoD) and VA benefits, you can ensure that you receive fair compensation for your injuries. An Orange County military personal injury lawyer like the Law Office of William Bruzzo can answer any questions you may have and guide you through this process.

The Medical Separation System

Injured service members often go through the medical separation system as part of their transition from active duty to veteran status. “Separation” here refers to leaving the military and returning to civilian life. The medical separation process involves a careful evaluation of your condition and its impact on your ability to perform military duties. This evaluation looks at various factors, including the extent of the injury, its impact on your overall health and well-being, and the potential for future medical treatment.

How to Identify Lost Military Benefits as Damages

When calculating damages after a military injury, consider the value of lost military benefits as part of the overall compensation package. These benefits can include:

• Basic Allowance for Subsistence (BAS): BAS is a non-taxable allowance that provides funds to cover the costs of food for service members.
• Healthcare: Injured service members may lose access to military healthcare and need to rely on alternative sources of medical coverage.
• Basic Allowance for Housing (BAH): This benefit provides funds to military members to cover the cost of housing when government-provided housing is not available.
• Retirement Pay: Long-term injuries or medical separations can result in a loss of future retirement benefits.

By working with an experienced, steadfast Orange County military personal injury attorney, you can be sure to identify and quantify these lost benefits, ensuring that they are included in your personal injury case.

Benefits Should Not Counterbalance Damages in a Military Injury Case

While military benefits are an important part of a service member’s overall compensation, as an Orange County military personal injury lawyer, our legal team firmly believes that they should not offset or reduce the damages awarded in your personal injury claim. This means that the value of lost military benefits should be considered separately from the damages awarded for pain and suffering, medical expenses, and lost earning capacity.

Lost Earning Potential and Future Benefits Impact Your Compensation

Lost earning capacity is a significant factor in determining the value of any personal injury claim for military members or for civilians. As an injured military member, you will often meet with challenges in returning to your previous duties, progressing in your military career, or pursuing civilian employment due to your injuries. The impact on future promotions, advancements, and earning potential should be very carefully evaluated when calculating damages. Your Orange County military personal injury lawyer can strategically, smartly assess the extent of your lost earning capacity and ensure that it is properly incorporated into your settlement demand.

Loss of Military Retirement Benefits Can Affect Personal Injury Damages

The loss of planned military retirement benefits can seriously impact the damages awarded in a personal injury claim for service members. Long-term injuries or medical separations often lead to a premature end to your military career and result in a loss of future retirement benefits. For many military personnel, this often equates to a huge detour and simultaneous roadblock in your life plan, impacting not just you personally but also your family.

When calculating damages in a military personal injury case, your lawyer must consider the value of these retirement benefits and ensure that they are included in your claim. Hiring a reputable and compassionate Orange County military personal injury attorney can help you expertly traverse the stressful process of quantifying these losses and getting the compensation you deserve.

Reach Out to an Orange County Military Personal Injury Attorney Now

If you have sustained an injury during your time in the Navy, Army, Marines, or Air Force, working with the right Orange County military injury attorney can make a world of difference for your future. At the Law Office of William Bruzzo, our legal team has the experience, dedication, and passion to guide you through the process of calculating damages and demanding fair financial compensation. To speak to an Orange County military personal injury lawyer now, reach out to our office to schedule a quick call.