Personal Injury Claims While on Active Reserve Status

If you are an active reserve member of the military and have been injured, we understand the difficulties you are dealing with. Personal injury claims against a huge, powerful bureaucracy like the US military are overwhelming, especially when while on active reserve status. At the Law Office of William Bruzzo, we handle personal injury cases for military reserve personnel, and know that an Orange County military injury lawyer can help you. 

What Is a Military Reservist?

Reservists are individuals who serve in the military on a part-time basis. They are members of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. Reservists are required to serve for a set number of days each year and can be called to active duty in times of national emergency or war.

Can a Reservist File a Personal Injury Claim Against the Military?

Yes, reservists can indeed file personal injury claims against the military if they have been injured while on active duty. Just like any other person, reservists have the right to seek compensation for their injuries if they can prove that the military was negligent or responsible for their injuries.

Steps to Filing an Injury Claim Against the Military

Filing a personal injury claim against the military involves several steps. As an Orange County military injury attorney, our team advises you to follow these steps carefully to increase the chances of a successful claim:

• Report the Injury: As soon as possible after the injury occurs, report it to your commanding officer or your unit’s designated representative. Make sure to document the details of the incident and any witnesses present.
• Get Medical Treatment: Get appropriate medical assistance for your injuries. It is so crucial to have comprehensive medical documentation, including records of all examinations, treatments, and diagnoses related to your injury.
• Gather Evidence: Collect any evidence that supports your injury claim. This may include accident reports, photographs, witness statements, medical records, and any other relevant documents.
• Hire a Top Notch Orange County Military Injury Lawyer: Contact a top notch military injury lawyer to learn your options and start taking appropriate legal action. The right Orange County attorney can guide you through the somewhat stressful process and help you gather the necessary evidence to build a strong claim.
• File a Claim: Your attorney will help you file a claim with the appropriate military authorities. It is important to adhere to any specific deadlines and requirements set by the military for filing a claim.
• Negotiate or Litigate: Depending on the response from the military, your attorney will negotiate with the responsible parties to reach a fair settlement. If a settlement cannot be reached, your attorney may proceed with litigation and file a lawsuit on your behalf.

How an Injury Claim Can Affect Reservist Benefits

Filing a personal injury claim against the military as a reservist has potential implications for your military benefits. While each case is unique, consider the following factors:

• Medical Evaluation: The military may require you to undergo an independent medical examination (IME) to assess the extent of your injuries and their impact on your ability to perform military duties.
• Military Compensation: If you receive a settlement or compensation for your injuries, it can affect your military disability pay or other benefits. Again, consult with both your Orange County military injury lawyer and your financial advisor to fully understand the implications.
• Retaliation or Repercussions: Filing a personal injury claim against the military as a reservist can unfortunately lead to retaliation or negative consequences in your military career. Discuss your concerns and options with your attorney and develop a strategy to protect your rights.

Questions to Ask Before Hiring an Orange County Military Injury Lawyer

If you were injured on active reserve status, talking to an attorney can only make you more informed, educated, and empowered about your options. Here are the questions we recommend that you ask in order to find the best Orange County military injury lawyer you possibly can:

• How experienced are you in handling military injury cases in Orange County? Look for someone with a track record of successfully representing clients in similar situations.
• Can you explain the legal process for a personal injury claim while on active reserve status? Understanding the legal process will give you an idea of what to expect. 
• What types of compensation can I seek for my military injury? Know what forms of compensation you could be eligible for, such as medical expenses, lost wages, pain and suffering, or disability benefits. 
• How will you gather evidence to support my military injury claim? Building a strong case requires gathering evidence to prove negligence or liability. Your attorney should have a clear strategy for collecting and presenting evidence, including witness statements, medical records, and any other relevant documentation.
• Are you familiar with the laws and regulations specific to military injury claims? Military injury claims often involve unique legal considerations, such as the Federal Tort Claims Act (FTCA) or the Service Members Civil Relief Act (SCRA). 
• Will you handle all communication with insurance companies and other parties involved? Dealing with insurance companies and other parties can be overwhelming and time-consuming. 
• How often will I receive updates on my case? Regular communication is essential when undergoing a personal injury claim. 
• Have you worked with active reservists in the past, and what were the outcomes? Ask about previous cases they have handled and the outcomes they achieved for their clients.
• re about any upfront costs, hourly rates, or contingency fee options, where the attorney only collects fees if they win your case.
• How long do you anticipate my military injury claim will take? Timely resolution is essential, so ask for an estimate based on their experience with similar cases.
• Why should I choose you as my Orange County military injury lawyer? Finally, ask the attorney to explain why they are the best choice for your case. 

Orange County Military Injury Lawyer

If you are a reservist in Orange County and have been injured on active duty, the Law Office of William Bruzzo would love to help you. Our experienced, friendly, and hard-working team proudly handles personal injury cases for military reservists, and we are committed to fighting for the compensation you deserve. Contact us today to schedule a consultation and let us navigate the legal process on your behalf.