People and organizations are responsible for the negligent injuries of
any number of individuals. In many cases, those responsible can be held
accountable when the injured pursue legal action against them. The military
is a slightly different matter, however. While the military can cause
injury through negligence, it has the advantage of being part of the government.
Under the doctrine of sovereign immunity, most people can’t sue
the federal government without its permission. However, at least two laws
have reduced this broad governmental immunity so people can attempt to
seek compensation for their injuries.
The Federal Tort Claims Act (FTCA) waives the sovereign immunity under
particular circumstances. You can file an administrative claim with the
FTCA first before attempting to collect money from the government for
personal injury, property damage, or wrongful death caused by the negligence
of federal employees who were acting within the scope of their duty. The
problem remains that the tort process with the FTCA is often a struggle
for military plaintiffs because the law has numerous exemptions and limitations,
including thirteen exceptions that release the government from any liability.
For example, the government is free from any responsibility for “combatant
activities” of the military in times of war. The Supreme Court has
also placed limitations on the scope of this act by barring claims by
members of the armed forces and their families for injuries sustained
out of or in the course of activity related to military service.
Another act, the Military Claims Act, covers military cases specifically
for personal injury, property loss, and wrongful death for up to $100,000.
This act mostly includes overseas injury claims but compensates military
members and civilians up to $40,000 for damages in ordinary circumstances.
If you plan on filing under the FTCA, make sure you do so within two years
of the incident. This action must be taken before an actual civil suit
can be filed. A plaintiff must wait at least six months before filing
a suit in federal court.
Pursuing compensation from the federal government can be tough. Make sure
you have an
experienced Colorado Springs injury attorney on your side. The lawyers at our firm have nearly 120 years of combined
legal experience to offer your case. Our highly rated attorneys can help
build your case to ensure the best outcome possible, and we are experienced
in both negotiation and litigation if your case goes to court. Our advocates
at Clawson & Clawson, LLP are also proud supporters of the
Wounded Warrior Project (WWP). We offer representation to those who have sustained serious injuries
through military service and who have no legal options. We understand
that military members make sacrifices, and as supporters of WWP, we want
to give back. A portion of our contingency fee goes to WWP, which helps
raise awareness and provides aid to services members their families. For
more information about WWP, or to get your case started,
contact us at (719) 602-5888 or fill out our online form with your information. We
look forward to helping you with your situation.