The following are common questions about the rights of people who are injured or of families whose loved one is killed during service in the United States military:
Can I sue the U˳S˳ (including the military and the federal government) if I am injured or my loved one is killed during regular active duty military service?
You cannot bring a lawsuits against the U˳S˳ for injuries or deaths that occur during active duty military service˳ The U˳S˳ is protected by “sovereign immunity;” this means the U˳S˳ cannot be sued for incidents that occur during active duty service unless the U˳S˳ agrees to the lawsuit or otherwise waives its immunity˳
Can I sue the U˳S˳ if I am injured or my loved one is killed during active duty military service due to mistakes or accidents by the military?
The U˳S˳ is protected from lawsuits for injury or death that occur during active duty military service, even if your injury is due to mistakes made by the military˳ The Feres Doctrine prevents lawsuits filed by active duty service members, even when the military has acted negligently˳ For instance, if you are injured because the military mistakenly failed to warn you of a dangerous condition involved in your active duty work, such as the presence of radioactive materials, you cannot sue the U˳S˳
What if the mistakes or accidents are caused by other service members?
The Feres Doctrine prevents lawsuits against negligent service members as well˳ For example, if you are injured because a military electrician installed faulty wiring on base that started a fire, you would not be able to sue the either U˳S˳ or the military electrician˳ The same is true of active duty service members injured by the mistake of a military doctor˳
What if the mistakes or accidents are caused by military contractors?
Active and inactive service members are generally able to sue military contractors who are negligent˳ Because the lawsuit is against a private citizen or business, rather than the U˳S˳, protections like the Feres Doctrine and sovereign immunity do not apply˳ So, if a weapon or parachute, etc˳, that you use during active duty is manufactured by a military contractor, breaks because of faulty design and injures you, you can sue for personal injury or wrongful death˳
What if I am no longer on active duty, but am injured doing something that involves the military or the federal government?
The U˳S˳ has waived its sovereign immunity from lawsuits in some cases when service members are no longer on active duty (and sometimes if you are on furlough); usually this is the case when you are injured because of the negligence of a federal employee who is performing work that is not specifically governmental˳ For instance, if a doctor at the Veteran’s Administration (VA) hospital makes a mistake that injures you, you should be able to bring a lawsuit against the U˳S˳ This type of lawsuit is allowed by the government under the Federal Tort Claims Act˳
If I can sue the U˳S˳, is there a time limit?
Yes˳ You must file your claim within the “statute of limitations,” and you must give the government proper “notice˳” If you file your claim within two years of the date you knew or should have known about the negligence, you are within the statute of limitations˳ You meet the notice requirements if you file a Standard Form 95 in writing and include the dollar amount you are seeking for your injury˳ If you don’t follow these two guidelines, your claim will be dismissed˳
What if my family members are injured through U˳S˳ military or government action?
The protections that apply to the U˳S˳ against lawsuits by active duty service members do not apply to the family members of those service members˳ If a military family member is injured because of negligence by the military, a federal employee or a service member, he or she is generally able to sue the U˳S˳ For instance, if a spouse is injured because of negligence by a military doctor, he or she should be able to bring a lawsuit˳
What if I am injured by military or federal government action, but I am not a member of the military?
Like military family members, if a member of the public is injured by military or government action, the governmental protections against lawsuits do not apply˳ Like all of the situations described above, it is critical to consult a lawyer with expert federal law experience and a successful track record to discuss your personal situation˳
Source by https://ezinearticles˳com/?FAQs-on-Personal-Injury-and-Wrongful-Death-Lawsuits-Against-the-US-Military&id=2263911
