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When you are a soldier in the U.S. military, you expect that at some point you will be injured in the line of duty in some foreign tour. You do not expect to break a leg in the base cafeteria, or any other sort of injury while stateside. If you are on a military base when you are injured, you may be wondering if you have any rights with regards to personal injury. Here is the truth, if you can handle it.
Yes, You Can Sue, but It Is Difficult
For personal injuries that happened on military property, you would be suing the federal government. Since you cannot sue the federal government because of the doctrine of sovereign immunity, you have to go through different channels to make it legal for you to sue your nation's government for a personal injury. As military personnel, this could have several unpleasant repercussions, including the revocation of your re-enlistment or an early discharge from service, all of which might be the requirements for your compensation and out-of-court settlement.
The Military Takes Care of Its Own
Then there is the other factor involved. The military requires that personnel report on-base injuries so that it can handle these situations on its own and without legal interruptions. The military takes care of its own and provides its personnel with free healthcare and paid benefits to sustain injured parties until they are feeling better. (This does not usually apply during battles and tours of duty for obvious reasons.) So, you could take the healthcare and paid benefits the military normally offers you for being injured on-base, or you could attempt to sue the federal government for much more.
If You Decide to Sue Anyway
You will need to consult a personal injury lawyer. Initially, your first step is to attempt to resolve your claims with the military through the military-specific administrative claims procedure and through your commanding officer. There are also procedures that may apply to your case under the Military Personnel and Civilian Employees' Claims Act, which your lawyer can help you define and understand. Regardless of whatever set of procedures you follow, you will have to go through the procedures outlined in the Federal Tort Claims Act (or FTCA) first, since this is the branch of injury law that allows you to sue the U.S. government for your personal injury on federally owned government property (i.e., your military base).
Share28 March 2017
