Military Law

Have military law questions? Ask a military lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My son was in the Army, killed himself in 2003. He had ADHD…

Customer Question
My son was in the...
My son was in the Army, killed himself in 2003. He had ADHD and depression problems. His medical records stated this and after reading the partial report of the investigation of his death, came to the conclusion that they knew he had diffulties. He was literally pushed over the edge and they suspected that he may do this the night of his death. They refused to let him call home and took his gun away from him. No chaplain was contacted. He indured constant harassment and abuse by the Sgt in charge. One Sgt lost rank due to not wanting to participate in this abuse. I was informed he had a breakdown after my son's death. (it was this Sgt's gun, my son used)
I had not recieved the report from the investigation the military performed. I had to obtain a copy from my ex husbands wife, over a year later, when I questioned why it never got sent. I did not read this report till a few weeks ago, (still have not completed reading it) after my daughter talked to an airman that witnessed these incidents.
I want to know if and how I could proceed in a wrongful death suit. I want the army to take responsibility in this and make sure no other young person looses his life due to these curcumstances.
Please inform me what I can do, if anything due to the time frame I let lapse. I don't know if I can ever except what and how this came about. I was in the military and come from 4 generations of military. The Sgt that was abusive was killed in action. But nothing was done prior to his death. I want accountability from someone.

Leslie Recio (NNN) [email protected]
Submitted: 8 years ago.Category: Military Law
Show More
Show Less
Ask Your Own Military Law Question
Answered in 40 minutes by:
6/29/2010
Military Lawyer: JAG Defense, Military Lawyer replied 8 years ago
JAG Defense
JAG Defense, Military Lawyer
Category: Military Law
Satisfied Customers: 124
Experience: CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications
Verified
I am very, very sorry to read your inquiry and learn the details - as you know them - of your son's death. A person may only sue a government under the terms and limitations that the government permits and, for suits against the US Government the Federal Tort Claims Act (within US) and Military Claims Act (outside US) are the two methods provided. I am extremely doubtful, however, that you will recover anything in a lawsuit against the military because of a US Supreme Court ruling (Feres) that provides a service member may not sue the government for injuries or death that occur "incident to service" and, your claims against the military would be considered to be "derivative" from his claims, so you would similarly be barred from recovery.

I also very much appreciate, as a parent, your desire to do what you can to help make certain that no other family has to go through what you have gone through, but - and I say this after over 32 years in this business - there is really no way to prevent people from doing the things that those who contributed to your son's situation did. There will always be someone willing to abuse their position of authority.

What would be helpful is to make them more accountable...and that is something that can happen if enough people - such as you - do take active steps to encourage that at least people will be accountable for their misdeeds and not be able to hide behind government immunity. Your Senator and Congressman as well as veterans support organizations may be good places to seek that type of change.

Again, I am so very sorry to read of your loss; and regret I cannot offer a more promising response to your question.
Ask Your Own Military Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a military lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask JAG Defense Your Own Question
JAG Defense
JAG Defense
JAG Defense, Military Lawyer
Category: Military Law
Satisfied Customers: 124
124 Satisfied Customers
Experience: CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

JAG Defense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

P. Simmons

P. Simmons

Military Lawyer

15,273 satisfied customers

Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

Allen M., Esq.

Allen M., Esq.

Lawyer

5,454 satisfied customers

Lawyer and current JAG officer.

Marsha411JD

Marsha411JD

Lawyer

1,926 satisfied customers

Licensed attorney and former Navy JAG serving ashore, afloat and at the OJAG

LawHelpNow

LawHelpNow

Attorney/Lawyer

223 satisfied customers

Relax. Let's work together. Practical solutions.

rcampione

rcampione

Military Lawyer

187 satisfied customers

Military lawyer - 5 years to the present

JAG Defense

JAG Defense

Military Lawyer

124 satisfied customers

CAPT, JAGC, USN (Retired); Former Military Judge; Specializing in Security Clearance Adjudications

Paul

Paul

Lawyer

48 satisfied customers

Oklahoma lawyer. Over 10 years in the military.

< Previous | Next >

Related Military Law Questions
A seargent in the army was accused of hazing and temp.
A seargent in the army was accused of hazing and temp. Suspended from his job until they can investigate. He was not given any information regarding the accusation. the person accusing is disgruntled … read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
I have personal knowledge of an army sergeant continually disobeying
I have personal knowledge of an army sergeant continually disobeying a direct order while under investigation. As a former military dependent vaguely familiar with the UCMJ and a taxpayer, I have an i… read more
US_JAG
US_JAG
Attorney
Doctoral Degree
57 satisfied customers
On October 29, 2003, a military officer came to my home to
On October 29, 2003, a military officer came to my home to tell me that my 20 year old son, Louis Joseph Avellanet had drowned in an accident on Guam. A few weeks ago, I googled his name and the milit… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
Hello, I am very concerned about my 20 year old submariner.
Hello, I am very concerned about my 20 year old submariner. He likes his job, but has told me about a culture on board the submarine that has made it difficult for him to feel safe (a baseline need). … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,926 satisfied customers
Hi, My son right now in Fort Jackson. He went to his place
Hi, My son right now in Fort Jackson. He went to his place on 05/07/13. yesterday he called my sister and reported that for almost 4 day he is in a Psychiatric facility. He sad that he run away due to… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
Hello Mr. Psimmons its me again I asked you a few question
Hello Mr. Psimmons it's me again I asked you a few question on Nov. 5 about can I sue the army and I don't know how to get in touch with any lawyer's in North Carolina is there any way that you can le… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
If someone lied about a long childhood history of ADHD (4th
If someone lied about a long childhood history of ADHD (4th grade-two years of college) on meds during that time frame, lied on the MEPS application almost three years ago, and is on active duty now, … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
I have been contacted by Sgt. Lincoln Anderson from Kabul Afghanistan.
I have been contacted by Sgt. Lincoln Anderson from Kabul Afghanistan. I have assisted him with money in the amount of 40,000 to get him home. Can you please contact me with any information you may ha… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is a company commander in the Army and found that the
My son is a company commander in the Army and found that the Battalion 1st Sgt had forged his apft papers. He never to his physical. My son discussed this on 3 occassions with the Battalion Commander … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son has been evaluated by Drs at the Naval Hospital as
My son has been evaluated by Dr's at the Naval Hospital as being unable to function/adapt to military life yet they sent him back to 29 palms! He is having another mental breakdown awaiting his "exped… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
A friends father was a sgt that was killed by a road side bomb in Iraq. He is 18 yrs
A friend's father was a sgt that was killed by a road side bomb in Iraq. He is 18 yrs old, yet still has a year left of high school. What if any benefits does his mother receive?… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is a senior in high school and has applied and been
My son is a senior in high school and has applied and been granted a 4 year Army ROTC scholarship. He was assigned to a college that he wants to attend and he has been accepted there. All is good exce… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My son failed his first psycological for joining the army.
My son failed his first psycological for joining the army. They let him take it again. He is now in boot camp and having a terrible time. Says it was a big mistake and he is "going crazy" Was it legal… read more
Allen M., Esq.
Allen M., Esq.
Lawyer
Juris Doctor, Cum Laude
5,454 satisfied customers
My son graduated from Advanced Training Oct 8th, 2010 and was
My son graduated from Advanced Training Oct 8th, 2010 and was assigned to Ft. Carson, Co and has been experiencing constant verbal abuse from a Chief in his unit and has witnessed verbal abuse towards… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My grandson age 19 died in Iraq 12 weeks ago today from non-combatant
My grandson age 19 died in Iraq 12 weeks ago today from non-combatant injuries. i represent my daughter who is devastated. We have been told only that he was found in his bed unresponsive. At his fune… read more
rcampione
rcampione
Military Lawyer
Doctoral Degree
187 satisfied customers
my son was killed in nov 08, hes also in the air force at the
my son was killed in nov 08, hes also in the air force at the time, his spouse recieved 500000.00 in life insurances and is entitled to other military benefits as his widow, at the time of the shootin… read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
My son is on active duty and is currently under treatment for
My son is on active duty and is currently under treatment for depression, anxiety and alcoholism. Since July he has had two documented attempted suicides. Currently he is awaiting a discharge however … read more
P. Simmons
P. Simmons
Military Lawyer
Doctoral Degree
15,273 satisfied customers
my son is 19, and finished basic at ft leonard wood in Nov.
my son is 19, and finished basic at ft leonard wood in Nov. He is stationed at ft drum ny, and is now training in calif. for deployment to iraq in June. He is miserable, has been since he went in but … read more
rcampione
rcampione
Military Lawyer
Doctoral Degree
187 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x