Military Personal Injuries: Understanding Your Rights as a Service Member
Military Personal Injuries: Understanding Your Rights as a Service Member
Being injured while serving in the military can be a traumatic and life-altering experience. As a service member, you put your life on the line to protect our country, and you deserve to know and understand your rights when it comes to personal injuries. At the Law Office of William Bruzzo, our Orange County military injury lawyer is here to support and advocate for you.
Filing a Lawsuit Against the Military vs. a Civilian Organization
When it comes to personal injury claims, there are significant differences between suing the military and suing a civilian organization. These differences arise due to the unique chain of command within the military, what’s called sovereign immunity, and certain jurisdiction and venue limitations.
Jurisdiction and Venue
You must consider jurisdiction and venue when filing a personal injury claim against the United States military. The military justice system operates under its own set of rules and procedures, which differ from the civilian court system. This means that personal injury claims must follow specific military regulations and be filed in the appropriate military court or administrative process.
Chain of Command
The strict chain of command within the military poses additional challenges when pursuing a personal injury claim. Service members are subject to military rules, regulations, and disciplinary actions, making it crucial to follow the military’s internal systems before pursuing legal action. Utilizing the proper chain of command is essential in ensuring the proper procedures are followed when seeking compensation for your injuries.
Sovereign Immunity
Sovereign immunity is a legal doctrine that protects the government from being sued without its consent. In the case of military personal injury claims, this means that service members cannot file a traditional lawsuit against the military unless certain exceptions apply. The principle of sovereign immunity helps protect the military’s ability to carry out its duties without constant litigation.
What to Know About the National Defense Authorization Act
The National Defense Authorization Act (NADA) is an annual act passed by Congress that authorizes defense appropriations and sets policies for the Department of Defense. The NADA includes provisions related to military personal injuries and establishes the framework for legal recourse for service members. In a nutshell, the NADA provides additional protections for service members, ensuring fair treatment and support for those injured during their military tenure. Know the provisions of the NADA and how they can impact your personal injury claim.
What to Know About the Military Claims Act
The Military Claims Act (MCA) is a federal law that allows for monetary compensation to military service members and their families for noncombat-related personal injuries and property damage. Under the MCA, service members have the right to file personal injury claims against the military for incidents that occur in the United States or its territories. Additionally, the MCA provides a detailed and specific process for seeking compensation and establishes liability standards. Consult with a helpful and reputable Orange County military injury lawyer who can guide you through the complexities of the MCA and ensure that your rights are protected.
What to Know About the Federal Tort Claims Act
The Federal Tort Claims Act (FTCA) allows individuals to file personal injury claims against the United States government, including military entities, for injuries caused by the negligence or wrongful acts of government employees. The FTCA provides a limited waiver of sovereign immunity, allowing service members to seek compensation for their injuries caused by the military’s negligence. To file a personal injury claim under the FTCA, certain requirements and procedures must be followed. Working with a seasoned, knowledgeable Orange County military injury lawyer who knows the complexities of the FTCA can maximize your chances of a successful claim.
What to Know About the Servicemembers Civil Relief Act
The Servicemembers Civil Relief Act (SCRA) is another federal law that provides protections and legal rights to active duty service members. While the SCRA primarily focuses on matters related to civil litigation, such as stay of proceedings, interest rate limitations, and lease terminations, it can also impact personal injury claims. Furthermore, the SCRA ensures that service members have access to legal protections and resources while serving in the military, including the fundamental right to get compensated for personal injuries. Understanding the SCRA and how it intersects with personal injury claims for service members is tricky, which, again, is why we suggest hiring the best Orange County military injury attorney you can.
What to Know About the Feres Doctrine & Combatant Activities Exception
The Feres Doctrine is a law that prohibits service members from bringing personal injury claims against the government for injuries that occur incident to military service. This doctrine, established by a Supreme Court decision in 1950, limits service members’ ability to sue the military for personal injuries sustained during their service. However, there is a way to circumvent the Feres Doctrine with the Combatant Activities Exception. This exception allows service members to file lawsuits against the military for injuries that occur during combat or combat-related activities.
What Injury Lawsuits Can be Filed Against the Military?
Military members who have suffered personal injuries while serving have various types of claims they can bring against the federal government in a lawsuit. These claims include wrongful death claims, personal injury claims, and property damage claims.
Property Damage
Property damage claims involve damage to your personal property, such as vehicles or belongings, as a result of the military’s actions or negligence. Service members have the right to seek compensation for the repair or replacement of their own damaged property.
Wrongful Death
When a service member dies as a result of the military’s negligence or misconduct, a wrongful death claim can be made. These claims seek compensation for the loss of a loved one and hold the military accountable for their actions or lack thereof.
Personal Injuries
Personal injury claims arise when a military member suffers physical or psychological harm due to the negligence or misconduct of their branch or its personnel. These lawsuits can include injuries sustained during training exercises, accidents on military bases, or medical malpractice by a military doctor or nurse.
Contact an Orange County Military Injury Lawyer
If you are stationed at Camp Pendleton, the Joint Forces Training Base in Los Alamitos, the Naval Weapons Station in Seal Beach, or Fort MacArthur and have suffered personal injuries during your military service, the Law Office of William Bruzzo is eager to help. Our experienced and dedicated legal team understands the unique challenges military members trying to pursue personal injury claims face. To speak to an Orange County military injury attorney, contact us now to set up a free consultation.
