Military Family Member Rights in Personal Injury Cases

Military family members play a vital role in supporting and sacrificing for their loved ones who serve in the armed forces. Unfortunately, they can sometimes find themselves facing personal injury cases that result from the negligence or wrongdoing of others. Military family members have rights, and you deserve to have those rights protected. If you or a loved one is a military family member who has been injured due to someone else’s careless actions, you no doubt have a lot of questions. The Law Office of William Bruzzo, an Orange County military injury attorney, is here to provide the answers and advocacy you need during this challenging time. Let our legal team help you fight for the justice and financial compensation you deserve.

Understanding Personal Injury Cases in the Military

Military families have a bit of a different trajectory in lawsuits due to governmental immunity, making it complicated to seek damages for non-combat injuries. However, recent legal changes offer new opportunities for military families to demand justice and compensation for injuries. In this article, we’ll discuss some of those laws and unique challenges.

Military Family Rights Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) limited military service members’ ability to sue the government while on active duty. However, there are exceptions to this rule. Injuries or deaths due to medical malpractice and sexual assault are typically eligible for a claim under the FTCA. It is crucial to have a detailed record of the injury, medical treatments, and expenses to strengthen your case. Your Orange County military injury lawyer can guide you.

Military Family Rights Under the Military Claims Act

Military families can also explore filing a claim under the Military Claims Act (MCA) if they are unable to pursue one under the FTCA. The MCA allows for compensation for injuries caused by military personnel during the course of their duties. Working with an Orange County military injury attorney for your claim is advisable to increase the chances of a successful outcome.

7 Things to Know About Wrongful Death Claims in the Military

As an Orange County military injury attorney, here are seven important things we want to share with you about wrongful death claims in the military: 

• The FTCA allows surviving family members to file a claim for wrongful death caused by the negligence or wrongful act of a government employee. 
• Talking to an Orange County military injury attorney is an important step in ensuring your rights are protected. 
• Legal time limits, known as statutes of limitations, apply to wrongful death claims, so it is essential to act promptly. 
• The military may conduct its own investigation into the circumstances surrounding the death, which can affect the legal process. 
• The MCA provides compensation for wrongful death caused by military personnel during the course of one’s duties. 
• Damages in wrongful death claims can include compensation for funeral expenses, loss of financial support, and loss of companionship. 

Legal Time Limits 

Here are the statutes of limitation for various types of personal injury cases against the military:

• Wrongful Death: The statute of limitations for filing a wrongful death claim is usually two years. It is important to note that this time frame may vary depending on the specific circumstances and jurisdiction.
• Personal Injury: For cases that involve physical harm or injury caused by the negligence or misconduct of the military, the statute of limitations is typically two years.
• Medical Malpractice: Likewise, the statute of limitations for filing a medical malpractice claim is generally two years. In some cases, such as when the injury is discovered at a later date, the statute of limitations can be extended. 
• Sexual Assault: The statute of limitations for filing a sexual assault claim depends on the specific circumstances and the military branch involved. Generally, the time limit ranges from one to ten years. However, recent changes in legislation have extended this for some cases. 
• Product Liability: If you have been injured or suffered harm due to a defective product provided by the military, you may have grounds for a product liability claim. The statute of limitations here can depend on factors like the type of product, the nature of the defect, and the jurisdiction. 

Family FAQs for Military Injury Cases

Here are some frequently asked questions surrounding military family rights in lawsuits that we hear often as an Orange County military injury lawyer:

• What kind of compensation can I seek in a military injury case? Compensation in a military injury case may include medical expenses, lost wages, pain and suffering, and more.
• Can I file a claim for a military injury that occurred off-base? Yes, you can file a claim for a military injury that occurred off-base, as long as it was caused by the negligence or wrongdoing of another party.
• Can I choose my own attorney for my military injury case? Yes, you have the right to choose your own attorney to represent you in your military injury case.
• Will my medical expenses be covered by Tricare? Tricare, the healthcare plan for military members, may not cover all the costs of injury treatment. You may pursue reimbursement for these costs through Tricare liens.
• What if my military family member is called to duty during the settlement process? A permanent change of station (PCS) during the settlement process may complicate matters. Hire an attorney with excellent communication skills to handle the case from a distance.
• Are military injury cases similar to civilian personal injury cases? There are some differences between military injury cases and civilian personal injury cases. Military service can have implications on divorce, child custody, and other legal matters.
• Can I settle my military injury case out of court? Yes, it is possible to settle a military injury case out of court. However, it is important to consult with an attorney to ensure you receive fair compensation.

Orange County Military Injury Attorney

If you are a military family member dealing with your own personal injury case or a wrongful death claim for your military family member, contact the Law Office of William Bruzzo. Our highly capable legal team is familiar with the challenges military families can get caught in and is dedicated to delivering top-notch support, advocacy, and guidance. Contact us to schedule a free consultation with an Orange County military injury attorney today.