What Is Tort Law for the Military?

Tort law is a fundamental component of the legal system that helps address misconduct by providing compensation to those who have been damaged. However, many ask the question, “What is Tort Law for the military?” By understanding the unique legal frameworks and protections that govern the military, one can better understand how the traditional tort law applies in a military context and when to call a military legal assistance attorney.

Tort Law in the Military

There are many different unique protections afforded to military personnel due to the specific nature of their roles. Some key aspects to understand include:

Sovereign Immunity

Just like government employees enjoy sovereign immunity, the same protections extend to military activity. This significantly limits the ability to bring any legal action against service members for their behavior while they are on duty. The intent is to protect military personnel from excessive litigation that could impact the quality of their contributions and the overall military operations.

Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) was enacted in 1946 and allows private individuals to legally sue the United States for certain torts that have been committed by federal employees. This extends to military personnel. While this legislation was designed to hold government officials accountable for their actions, it has exceptions for military personnel. For example, some combatant activities during war can be immune from tort claims under the FTCA.

Feres Doctrine

Feres doctrine prevents all service members from being able to sue the government for any injuries that resulted from their military service. This means that if any service member becomes injured during their duties, they cannot formally receive compensation for their injuries. The reasoning behind this doctrine is based on the notion that because the role of a service member is risky, allowing lawsuits could interfere with military operations.

Military Claims Act

The Military Claims Act (MCA) was designed to allow service members to seek compensation for any injuries or damage they experience caused by another service member. These claims are handled by military administration rather than the court system. When a claim is filed, the relevant military department will begin to investigate the accusations. Because there are stricter procedural requirements under the MCA, settlements are often less generous compared to civilian courts.

Claims and Compensation Procedures

Both claims and compensation procedures in the military were built to provide a structured way to address grievances and seek compensation to satisfy any outstanding damages. The process starts with a service member filing an official claim. In this claim, the service member will need to detail exactly what happened in the incident, along with any supporting evidence they can provide, such as a medical report or photograph of the scene.

Once the case is officially filed, military authorities will start their investigation. This includes conducting a thorough review of all evidence provided in the claim, interviewing key witnesses, and attempting to find new evidence. The goal is to determine if the claim is valid and, if so, what the severity of the damages or injuries sustained is.

After the investigation has finished, a final compensation determination will be made. This decision is based solely on what authorities were able to find during their investigation and the specific circumstances of the case. For example, a claim that a service member sustained a minor injury from an off-duty incident might receive a different level of compensation when compared to someone who was significantly more injured during active duty.

If the claim is approved, compensation will be awarded to the service member quickly to help pay for their medical expenses, lost wages, or any other costs related to the incident. If the claim is denied, service members have a right to appeal the decision. This will require them to submit a formal request for reconsideration. The final decision will be made by a higher military authority and be based solely on the merits of the case.

FAQs

Q: How Do I File a Tort Claim Against the Army?

A: If you are looking to file a tort claim against the United States Army, you need to submit a Standard Form 95. This is an official claim form for any damages, injury, or death experienced in the military. This form will require detailed information about what happened and how much compensation is being sought. After the form has been submitted with your evidence, an investigation will determine if the tort claim is approved for compensation or denied.

Q: What Is a VA Tort Claim?

A: A VA tort claim is a legal dispute filed against the Department of Veterans Affairs (VA) for any damages that have been caused by a VA employee. In many scenarios, these cases deal with medical malpractice in VA hospitals or clinics. A Standard Form 95 should be used to file the claim within the VA’s regional counsel office with jurisdiction over the area where the incident occurred. A military attorney can help ensure your tort claim is filed correctly.

Q: What Type of Incidents Are Covered Under the Military Claims Act?

A: The Military Claims Act covers many different types of qualifiable incidents related to property damage and personal injury. This could include military vehicle accidents, medical malpractice in military hospitals, or even injuries that have been caused by faulty equipment or happened during training. While this act covers incidents that happen domestically and overseas, it’s important to note that it does not cover combat-related events.

Q: Can Family Members Related to Military Personnel File Tort Claims?

A: Yes, family members are able to file a tort claim if they have been directly affected by a negligent or wrongful act of a military personnel. For example, if someone’s family member was injured on a military base from a preventable unsafe condition, they have legal clearance to pursue a claim under the Military Claims Act. The same would apply if a family member received treatment at a military facility and experienced medical malpractice.

Contact Aaron Meyer Law Today

While navigating the complexities of tort law in the military can be overwhelming, you are never alone when the attorneys of Aaron Meyer Law are just one call away. Our experienced team is here to help you through every step of the claims process, from filing the initial paperwork to appealing a denied claim. Contact us today to begin.