Can You Sue the Military?

Laws and regulations surrounding the military and other government agencies can be confusing. If you or a loved one have been injured due to malpractice or negligence or have been harmed for any other reason by the military, it is critical that you know your rights and options for seeking justice and compensation. A military lawsuit attorney can help you with this. If the military is at fault for your injuries, you may be eligible to sue.

Who Is Eligible to Sue the Military?

Laws throughout the years have changed regarding who is able to file claims against the U.S. military. Currently, anyone who is not actively serving in the military is able to sue. There are also options for those who have been wrongly injured while serving. No matter who you are or what you do, there may be ways of gaining compensation for your military-related injuries.

Federal Tort Claims Act

The Federal Tort Claims Act, also referred to as FTCA, gives civilians and dependents of military personnel the right to file a claim against the military in response to injury or damage. This act is important because it gives a voice to the common citizen who has been harmed due to negligence on behalf of government agencies. Individuals, businesses, and other entities are eligible to file a claim under the FTCA.

Feres Doctrine

It has sometimes been argued that the Feres Doctrine prevents military personnel in any capacity from taking legal action against the military. This doctrine was derived from a court case, Feres v. United States, in which military personnel were injured during active duty. In this case, it was determined by the U.S. Supreme Court that the United States is not responsible for compensating for injuries sustained by servicemen at the hands of other servicemen while on active duty.

In 2022, Congress made an adjustment to the Feres Doctrine that allowed military personnel who were injured due to being exposed to contaminated water while actively serving to file appropriate claims against the military.

While the Feres Doctrine has solid standing, there have been certain circumstances in which exceptions have been made, such as the one mentioned above. If you think you should receive compensation due to injuries sustained from military duty, seek guidance from a knowledgeable military attorney. You may receive more than you think.

Statute of Limitations

There is a statute of limitations for filing a claim against the military. From the time you become aware of the relevant injury, you have two years to file your claim. Anything filed after this time frame can be dismissed and considered untimely.

What Happens After You File a Claim?

Once you have filed your claim, the military agency against which you have filed will have a six-month period in which they may investigate the claim. During this time, they have the option to deny your claim. However, your case is not closed yet. In the event that your claim is denied, you may ask for a reconsideration. You can also ask your military lawyer about the possibility of filing a lawsuit with the federal court system.

In the case that your claim is rejected, you will have six months to file a lawsuit with the federal court. If you do not file the lawsuit before six months is up, your case will be barred.

Previous Cases

Although filing a claim against the military can feel daunting, there are many cases in which individuals have done so and won. Here are just a few examples.

• Le Roy Torres from Texas was an Army Captain who was forced to retire by the Army because of a disability that he acquired while serving overseas. He was also denied a disability retirement pension. Torres won his case, though it took a while, and was eventually awarded compensation.
• In 2022, two U.S. Army veterans in Florida received compensation for damages done to their hearing because of earplugs that they were given to use while in service.
• A female military police trainee received compensation from the U.S. Army after being let go from the military upon filing a sexual harassment complaint concerning her supervisor.

FAQs

Q: Can a Person Sue the Military?

A: Almost anyone is eligible to sue the military for harm or injury caused by them. This includes dependents, retirees, and all other citizens of the United States. The exception to this would be individuals who are/were serving in the military at the time of injury. If you were injured while serving, there are specific routes that you will be instructed to take in order to resolve the issue.

Q: How Do I File a Lawsuit Against the U.S. Army?

A: Filing a lawsuit against the United States Army will likely be a long process, one that you will need an experienced lawyer to help and guide you through. You will begin by filing an official claim using a specific form that your lawyer can walk you through. It is then up to the Army to respond.

Q: Can You Sue the Military After You Get Out?

A: Once your time of service has ended, your ability to sue the military will depend on circumstances specific to your case, such as when and where the injury occurred. The law that has kept the active military from suing the military for years is known as the Feres Doctrine. In recent years, however, there have been modifications that now allow military personnel to bring claims against medical malpractice issues concerning military medical personnel.

Q: Can a Spouse Sue the Military?

A: In short, a spouse can sue the military. One example of this would be in the case that a spouse or other dependent of military personnel is injured due to military medical malpractice. Doing so will not harm your spouse’s military career. If you are planning to sue the military, however, it is important to know and understand the statute of limitations for each claim.

Contact Aaron Meyer Law

Knowing your rights makes all the difference. At Aaron Meyer Law, we can inform you and guide you according to your legal rights as a citizen of the United States. Contact us today to learn more about how we can help.