| The following are common questions about the | | | | sue for personal injury or wrongful death. |
| rights of people who are injured or of families | | | | What if I am no longer on active duty, but am |
| whose loved one is killed during service in the | | | | injured doing something that involves the military |
| United States military: | | | | or the federal government? |
| Can I sue the U.S. (including the military and the | | | | The U.S. has waived its sovereign immunity from |
| federal government) if I am injured or my loved | | | | lawsuits in some cases when service members |
| one is killed during regular active duty military | | | | are no longer on active duty (and sometimes if |
| service? | | | | you are on furlough); usually this is the case when |
| You cannot bring a lawsuits against the U.S. for | | | | you are injured because of the negligence of a |
| injuries or deaths that occur during active duty | | | | federal employee who is performing work that is |
| military service. The U.S. is protected by | | | | not specifically governmental. For instance, if a |
| "sovereign immunity;" this means the U.S. cannot | | | | doctor at the Veteran's Administration (VA) |
| be sued for incidents that occur during active | | | | hospital makes a mistake that injures you, you |
| duty service unless the U.S. agrees to the lawsuit | | | | should be able to bring a lawsuit against the U.S. |
| or otherwise waives its immunity. | | | | This type of lawsuit is allowed by the government |
| Can I sue the U.S. if I am injured or my loved one | | | | under the Federal Tort Claims Act. |
| is killed during active duty military service due to | | | | If I can sue the U.S., is there a time limit? |
| mistakes or accidents by the military? | | | | Yes. You must file your claim within the "statute |
| The U.S. is protected from lawsuits for injury or | | | | of limitations," and you must give the government |
| death that occur during active duty military | | | | proper "notice." If you file your claim within two |
| service, even if your injury is due to mistakes | | | | years of the date you knew or should have |
| made by the military. The Feres Doctrine | | | | known about the negligence, you are within the |
| prevents lawsuits filed by active duty service | | | | statute of limitations. You meet the notice |
| members, even when the military has acted | | | | requirements if you file a Standard Form 95 in |
| negligently. For instance, if you are injured | | | | writing and include the dollar amount you are |
| because the military mistakenly failed to warn you | | | | seeking for your injury. If you don't follow these |
| of a dangerous condition involved in your active | | | | two guidelines, your claim will be dismissed. |
| duty work, such as the presence of radioactive | | | | What if my family members are injured through |
| materials, you cannot sue the U.S. | | | | U.S. military or government action? |
| What if the mistakes or accidents are caused by | | | | The protections that apply to the U.S. against |
| other service members? | | | | lawsuits by active duty service members do not |
| The Feres Doctrine prevents lawsuits against | | | | apply to the family members of those service |
| negligent service members as well. For example, if | | | | members. If a military family member is injured |
| you are injured because a military electrician | | | | because of negligence by the military, a federal |
| installed faulty wiring on base that started a fire, | | | | employee or a service member, he or she is |
| you would not be able to sue the either U.S. or | | | | generally able to sue the U.S. For instance, if a |
| the military electrician. The same is true of active | | | | spouse is injured because of negligence by a |
| duty service members injured by the mistake of | | | | military doctor, he or she should be able to bring a |
| a military doctor. | | | | lawsuit. |
| What if the mistakes or accidents are caused by | | | | What if I am injured by military or federal |
| military contractors? | | | | government action, but I am not a member of |
| Active and inactive service members are | | | | the military? |
| generally able to sue military contractors who are | | | | Like military family members, if a member of the |
| negligent. Because the lawsuit is against a private | | | | public is injured by military or government action, |
| citizen or business, rather than the U.S., | | | | the governmental protections against lawsuits do |
| protections like the Feres Doctrine and sovereign | | | | not apply. Like all of the situations described |
| immunity do not apply. So, if a weapon or | | | | above, it is critical to consult a lawyer with expert |
| parachute, etc., that you use during active duty is | | | | federal law experience and a successful track |
| manufactured by a military contractor, breaks | | | | record to discuss your personal situation. |
| because of faulty design and injures you, you can | | | | |