Taking Legal Action Against The US Military

If and when you are injured at work whilst in a 'civilian' job then the answer would probably be to take out a claim for workers compensation. If however, you are a serving member of the armed forces, then it is fair to say that the situation is different. A team of Los Angeles Attorneys explain...

The United States has various protections in place that make it incredibly difficult to take out a claim against the military or indeed the government for any injuries suffered whilst in the job. These very same protections apply for a wrongful death case, or a family member who wants to bring about a loss of consortium suit for severe injury or accidental death of a loved one. These protections are as follows...

Sovereign immunity

Under this law all branches of the military which are to include governmental departments cannot be held responsible and sued in a court of law unless the court agrees to the lawsuit or indeed waivers the immunity. It was brought in to prevent service personnel and their families from bringing substantial lawsuits against the military for any injuries or deaths that happen to occur on or during active military service.

Feres Doctrine

The second type of protection is known as Feres Doctrine. This law covers injuries or wrongful death due to negligence by military doctors and other personnel and as a result prevents families from filing any type of lawsuit.

However, a Los Angeles attorney explains that even though it looks on the surface of it as if the military is cocooned in a protective bubble, there are ways in which you can effect a law suit and this is all down to the federal tort claims act. In some circumstances, under the guise of this act, it is possible to waiver the immunity and push through a claim. To give you an idea, here are some cases that may be 'wavered' under the federal tort law.

Reserve or veteran personnel

If a person is not an active serving member such as a reservist or a veteran and suffered medical malpractice by a military doctor, say at the Veterans Association (VA), then under the FTCA the protection could be waived. However, there are stipulations and these are that (A) a victim has to bring about a claim within two years of knowledge of the injury and (B) a victim has to file the 'form 95' in writing along with the amount in dollars that they happen to be seeking for their injury. This is known as the 'sum certain'. If you are unsure of the amount that you should claim for, then a highly skilled team of Los Angeles lawyers who are used to dealing with such cases can advise. These two criteria have to be met otherwise your claim will be null and void.

Family members of serving military personnel

Fortunately family members of active serving personnel are not under the same jurisdiction as other members and this means that if a spouse of a military person went the base doctor and was misdiagnosed or badly treated then they would have grounds for litigation.

Negligence by military contractors

It is very possible that as an active serving member of the armed forces, you can sue for any personal injury that has been caused by military contractors. One example of this in the recent news is that of the military burn pits in Afghanistan and Iraq, where military contractors have been hired to burn thousands of tons of waste. Many military personnel as well as local villagers are complaining of breathing and chest problems and as a result, a class action lawsuit is taking place against the defense contractors responsible.

As you can see, bringing about a lawsuit against the military is an absolute minefield or rules, regulations and red tape. For this reason if you have suffered injury and are in any doubt as to whether you can or can't file a lawsuit, then an experienced team of Los Angeles attorneys will advise and if necessary can represent you. They have the skill and knowledge to deliver a full and fair compensation claim every single time.