Military Law

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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 on 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 will want to ask the Military Experts for answers. Read below where Experts answer a wide range of military related questions.

Can a veteran sue the military for an illness?

You can apply for a disability pension through Veteran Affairs (VA) if your medical or psychological condition is related to the service. However, the Feres Doctrine blocks you from filing suit against the armed forces for a personal injury that you suffered during your service.

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 caused to your family. If the situation applies, you would possibly be able to sue for "loss of consortium" First, 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 solid proof they lied. 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 of a false statement. In order to win a slander case, you need to show 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 from being sued for this type of situation. The first one is sovereign immunity which protects the government from being sued by citizens, except for specific areas the government already waived. Next, you have the Feres Doctrine which prohibits suits against the military negligence in relation to military members who are on active duty.

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

A civilian can sue a military member who has scammed them. First, 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.

Suing the military can be intimidating for 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. Experts can answer any of your questions in an efficient manner and offer knowledgeable answers for your unique situation.

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