Thank you for your service to your country. Although there are several ways in which you may be able to obtain compensation for your injuries, suing the military is not one of them.
Federal law does allow some people to sue the U.S. for certain injuries. However, the law that allows people to sue the U.S. does not allow active duty service members to sue the U.S.
Instead, there is a special exception in the law that restricts claims for either wrongful actions or negligence that arise out of combat activities of the military or naval forces during wartime.
However, the law has been interpreted very broadly, to prevent military members or their families from suing the U.S. for any injuries, even if they weren’t related to wartime activities.
This includes cases such as a service member who was run over on base by another service member, and a service member who was killed during a recreational trip.
There are several different reasons that military service members can’t sue the U.S. for injuries.
One is that service members already have a system in place that will provide for them if they are injured.
It also provides death benefits to the family members of those who are killed.
Also, allowing service members or their families to sue the U.S. could interfere with military discipline, as well as the relationship between service members and their officers.
One exception is that it may be possible to sue the Veterans’ Administration for medical malpractice, if your amputation occurred as a result of their negligence.
As an amputee, I understand some of the challenges you are facing right now.
If you have any legal questions about your rights, call Amputation Attorney Conal Doyle at 310-385-0567.
I will help advise you on your legal rights related to your amputation. Call today to learn more.