If you are an active duty servicemember and you have suffered an injury caused by military personnel, you generally can’t file a claim against the military. However, civilians, military dependents, and veterans can file a claim against the military for injuries and property damage caused by the negligence of military personnel.
Common claims made against the military include:
- Car accidents caused by government vehicles
- Injuries sustained at a military day care
- Personal property damage caused by military personnel or equipment
How Do I File a Claim?
Before you can file a lawsuit against the military, you must first file an administrative claim with the military agency that caused your injury or property damage. Any claims you make against a military agency have to be filed within two years from the time you discovered the injury or damage. If you want your claim to be eligible for compensation, you need to file as soon as possible.
You will also need to collect evidence and documentation that supports the details of your claim. The military agency will use the evidence you submit to determine if your claim has merit.
After your claim has been filed, the military will have six months to make a ruling. If you disagree with the military’s ruling, you will have 6 months to bring forth a federal lawsuit.
What Is the Military Claims Act?
Under the Military Claims Act, people can seek damages for personal injury, death, or property damage caused by military service members or civilian employees acting within the scope of their job duties. You can also file a claim for damages caused by “noncombatant activities of a peculiarly military nature.” This includes death or injury that was caused by military exercises. If your claim is denied under the Military Claims Act, you lose the right to file a lawsuit against the government.
Speak To a Military Personal Injury Lawyer
Do you have more questions about filing an injury claim against the military? If so, you should get in touch with our legal team in Waco to discuss what options are available for you. At the Law Offices of Vic Feazell, P.C., we are dedicated to helping military personal obtain fair compensation for their injuries and property damage. We can assess the details of your case and build a strong legal strategy that will protect your rights and interests.