Military families often face unique challenges when a loved one suffers a personal injury. Government immunity to lawsuits complicates matters, even for non-combat injuries unrelated to military duties. However, recent legal changes offer some hope.
Updates to the law
In 1946, Congress passed the Federal Tort Claims Act (FTCA), allowing citizens to claim damages for negligence or wrongful acts by government employees. However, the Supreme Court’s Feres doctrine limited this, preventing servicemembers from suing the government or its employees while on active duty.
In 2020, Congress created an exception to the Feres doctrine for injuries or deaths due to medical malpractice. Recent court decisions have also made exceptions for harm caused by sexual assault. These changes mark considerable progress in addressing the legal challenges military families face.
What can you do as a military family member?
A detailed record of the injury, medical treatments and related expenses can help you build your case. You may explore filing a claim first under the Military Claims Act. If that fails, you may consider other legal options, such as filing a personal injury lawsuit.
Consider legal representation
Navigating military injury claims can be tricky. An experienced lawyer can guide you through the legal process. They can help gather evidence, file claims and represent you in court.
By staying informed, military families can manage the legal process better and seek justice. Knowing your rights and the steps to take can significantly impact your case. Although the legal landscape is challenging, recent law changes offer new chances for military families to get justice and compensation for injuries.