Legal Law

Frequently Asked Questions About Personal Injury and Wrongful Death Lawsuits Against the US Military

The following are common questions about the rights of injured individuals or families whose loved one dies during United States military service:

Can I sue the US (including the military and the federal government) if I am injured or my loved one dies during regular active military duty?

You cannot file a claim against the US for injuries or deaths that occur during active military service. The United States is protected by “sovereign immunity”; this means that the US cannot be sued for incidents that occur while on active duty unless the US agrees to the lawsuit or waives its immunity.

Can I sue the US if I am hurt or my loved one is killed while on active duty due to military mistakes or accidents?

The US is protected from lawsuits for injury or death that occur during active military service, even if your injury results from mistakes made by the armed forces. The Feres Doctrine prevents lawsuits filed by active duty service members, even when the military has acted negligently. For example, if you are injured because the military mistakenly failed to warn you about a dangerous condition related to your active duty job, such as the presence of radioactive materials, you cannot sue the US.

What if the bugs or crashes are caused by other members of the service?

The Feres Doctrine also prevents lawsuits against negligent service members. For example, if he is injured because a military electrician installed faulty wiring at the base that caused a fire, he will not be able to sue the US or the military electrician. The same applies to active duty service members injured by a military medical error.

What if the bugs or accidents are caused by military contractors?

Active and inactive service members can generally sue military contractors who are negligent. Because the lawsuit is against a private citizen or business, and not the US, protections like the Feres Doctrine and sovereign immunity do not apply. So if a weapon or parachute, etc., that you use while on active duty is made by a military contractor, breaks due to faulty design and injures you, you can sue for personal injury or wrongful death.

What if I am no longer on active duty, but I am injured doing something that involves the military or the federal government?

The US has waived its sovereign immunity from lawsuits in some cases when service members are no longer on active duty (and sometimes if they are on leave); This is typically the case when you are injured due to the negligence of a federal employee doing non-governmental work. For example, if a doctor at a Veterans Administration (VA) hospital makes a mistake that insults you, he should be able to file a lawsuit against the US.

If I can sue the US, 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 submit a written Standard Form 95 and include the dollar amount you are seeking for your injury. If you do not follow these two guidelines, your claim will be dismissed.

What happens if my family members are injured as a result of US government or military action?

The protections that apply to the US 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 due to the negligence of the military, a federal employee or service member, you can generally sue the US. For example, if a spouse is injured due to the negligence of a doctor military, he or she should be able to file a lawsuit.

What if I am injured by a military or federal government action, but I am not a member of the armed forces?

Like military family members, if a member of the public is injured by military or government action, government protections against lawsuits do not apply. As with all of the situations described above, it is essential to consult an attorney with federal law experience and a track record of success to discuss her personal situation.

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