Military Service and Personal Injury Claims—What Every Service Member Should Know
Military service can involve a wide range of risks and dangers, resulting in personal injuries for service members. However, pursuing a personal injury claim in the military is generally more complex than civilian cases. There are various factors that make military personal injury claims unique, including different legal standards, administrative processes, and potential barriers to compensation. Service members should be aware of these hurdles and differences when reaching out to an Orange County personal injury lawyer. If you or a loved one has been injured while serving in the United States Marine Corps, Navy, Army, Air Force, National Guard, or Coast Guard, the Law Office of William Bruzzo is happy to answer any questions you may have.
The Unique Nature of Military Personal Injury Claims
Different Legal Standards
One of the key distinctions between military and civilian personal injury claims is the application of legal standards. In civilian cases, personal injury claims typically fall under state laws, which vary from one jurisdiction to another. On the other hand, military personal injury claims are governed by specific federal laws and regulations, such as the Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA). These laws, explored further below, outline the procedures and requirements for filing a personal injury claim against the government.
Administrative Processes
In civilian lawsuits, the injured party typically files a claim directly with the responsible party’s insurance company or through the court system. In contrast, military personal injury claims must go through the appropriate military administrative channels before any legal action can be initiated. This involves filing a claim with the relevant military branch and trudging through the bureaucratic procedures that follow.
Potential Barriers to Compensation
One barrier military members face is the defense of sovereign immunity, which protects the government from being sued for negligence in certain circumstances. There are exceptions to this defense that can be used by your Orange County personal injury lawyer, such as when an injury occurs outside the scope of official duties or due to the negligence of a civilian contractor.
Military Claims Act
Under the MCA, personal injury claims are payable if they are caused by a negligent or wrongful act by Department of Defense personnel. Military personnel and civilian employees can only file claims for property damage or loss, not personal injury. This means that if you are a service member who has suffered an injury, talking to a civilian personal injury lawyer right away is crucial in order to determine your best course of action.
To file a claim under the MCA, you must provide full documentation to support your claim, including the original Form SF95 Claim for Damage, Injury, or Death. Additionally, you will need two repair estimates for property damage claims. Moreover, MCA claims generally do not cover foreign nationals unless they are command-sponsored dependents.
10 United States Code, Ch. 163: Military Claims
Another important law that injured military members will be subject to in filing a lawsuit for compensation is 10 USC Chapter 163, which addresses military claims. This law provides service members with procedures for filing and pursuing claims against the government for personal injury or property damage. For example, service members must submit their claims in writing within two years from the date the claim accrues.
Another key aspect of 10 USC Chapter 163 is the concept of “waiver of sovereign immunity.” This means that the government has given consent to be sued in certain circumstances. As you can see, there are specific procedures and requirements that must be followed to successfully pursue a claim against the government. An Orange County military injury attorney at the Law Office of William Bruzzo can help.
Stayskal Act Reporting Requirement
Another law injured military members should know is the Stayskal Act, officially known as the SFC Richard Stayskal Military Medical Accountability Act of 2019, was signed into law on December 20th, 2019. This act grants service members the right to hold the Department of Defense accountable for medical malpractice.
Under the Stayskal Act, military members are required to report any personal injury they have suffered to a military healthcare provider, ensuring that their case will be properly documented and investigated. This includes injuries sustained both in combat and during peacetime. Reporting your injury helps establish a record of what happened and will hopefully lead to proper care and treatment. It also holds the responsible parties accountable for their actions and hopefully prevents similar incidents in the future.
Federal Tort Claims Act
Under the FTCA, individuals can seek compensation for injuries caused by the negligence or wrongful actions of government employees. When military members are injured in non-combat situations, such as during training exercises or while receiving medical treatment at military hospitals, they may be eligible to file a claim under the FTCA.
One key benefit of the FTCA is that it provides a pathway for service members to be properly compensated for personal injuries without having to go through the military’s administrative claims process. Instead, they can file a lawsuit directly in federal court. As you can see, there are a myriad of laws and military regulations to wade through in order to get the compensation you deserve. Reach out to an Orange County personal injury lawyer for help and to learn your legal options.
The FTCA has some limitations, including a strict time limit, or “statute of limitations,” and a requirement for the injured party to provide notice of the claim to the appropriate federal agency by a specific date. Sadly, not all claims under the FTCA will be successful, as the government has certain defenses, like the discretionary function exemption, which may limit its liability in some cases.
Contact an Orange County Personal Injury Lawyer Now
The Law Office of William Bruzzo is dedicated to helping injured service members seek justice and file iron-clad military personal injury claims. With extensive experience in cases like yours, our firm provides top-notch guidance and representation. To speak to an Orange County military injury attorney now, contact the Law Office of William Bruzzo now to set up a free case review and legal consultation.
