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P. Simmons, Military Lawyer
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Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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Suing the Military

Suing the military is not an option if you are an active duty member of the armed forces. The Feres Doctrine prohibits members of the armed forces from suing for personal injury while in active duty. However, there are certain avenues for the families of the soldiers when seeking compensation for the soldier's injuries. To learn more about suing the military, many people ask the Military Experts for answers on how to sue the military. The Experts answer a wide range of military related questions and can answer any question that you may have. Below are five of the top questions related to suing the military.

Can a veteran sue the military for illness?

You can apply for a disability pension through Veteran Affairs (VA) if you medical or psychological condition that is related to service. However, the Feres Doctrine blocks you from filing suit against the armed forces for a personal injury that you suffered during your service. If you are interested in more information on filing for VA benefits, you can go to this website for more information: http://www.vba.va.gov/bln/21/compensation/

Can a soldier's spouse sue a military contractor for damages due to injury.

The spouse of a soldier can sue the military where a soldier cannot. If you have evidence that an injury to your spouse or family member has directly affected you, you may have a case. You may have trouble suing the contractor; however you can add the contractor to the suit that you would file against the military. You will not be able to sue for your spouse's injuries, just the damage that the injury has caused your family. If the situation applies, you would possibly be able to sue for "loss of consortium" Here is a link that will give you more information: http://en.wikipedia.org/wiki/Loss_of_consortium

To begin, you will have to file an SF 95. If you are denied, you can take your suit to federal court. You need to find an attorney for this, but most attorneys will take a case like this one on contingency. This means the attorney will get paid only if you do.

Is it possible to sue another military member for slander and libel?

You can sue another military member, however you must have proof that they lied, which can sometimes be very difficult. Defamation is the act of making false statements about an individual that creates ridicule, hate or contempt from others, which damages the individual's reputation. Libel is relating a defamatory statement through writing or photos. Slander is voicing the defamation. The act itself is not defamation if the statement is a fact. For example, if someone told other's that you are having an affair, which causes your spouse to file for divorce, and you are in fact having an affair, you would not be able to sue for defamation. In order to win a slander case you need to show that the person made a statement, the statement was untrue, that your reputation is damaged and that you suffered a monetary loss. To avoid a messy suit, you may consider asking the command to prosecute the people involved. This will cost you nothing and the command can press the issue.

If a military member has committed suicide, can his mother sue the military for neglect?

There are two protections that are in place to protect the government form being sued for this type of situation. The first on is sovereign immunity which protects the government from being sued by citizens, except for the areas that the government has specifically waived the immunity. Next, you have the Feres Doctrine which prohibits suits against the military negligence in relation to military members who are in active duty.

Can a civilian sue a military member who has scammed them?

A civilian can sue a military member who has scammed them. Your first step will be to file a suit against the person. You will then have to contact the base adjutant at the soldier's base. Once you have made contact with the base adjutant, they will assist you in serving the soldier. Once the soldier has been served, you can take him to court for scamming you.

Suing the military can be an intimidating thought to someone who has never dealt with the government. There are situations that spur individuals into civil action against the armed forces in the event of injury or death of a loved one. These can be trying times for those involved. You want to know your rights before you approach the courts about suing the military. If you have questions related to the military and how to sue the military, you can ask the Experts. The Expert can answer any of your questions in an efficient manner and offer knowledgeable answers for your unique situation.

Ask a Military Lawyer

P. Simmons
P. Simmons, Military Lawyer
Category: General
Satisfied Customers: 11874
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
11181181
Type Your Military Law Question Here...
characters left:
2 Military Lawyers are Online Now

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