Can You Sue the Military for Wrongful Death? 2024

The emotional toll and loss experienced when a loved one dies from carelessness can be debilitating. Families of military personnel may find the issue considerably more complicated when the carelessness involves military healthcare providers or other government agencies. Many people are left wondering, “Can you sue the military for wrongful death?” A military wrongful death attorney can determine if you can seek legal action for wrongful death in these conditions.

Fundamentals of Wrongful Death Claims

Claims for wrongful death result from another party’s carelessness or misbehavior that caused someone’s wrongful death. Usually pursued in civil court, these claims seek payment for the suffering, lost income, and other connected damages of the deceased. However, since sovereign immunity and federal laws control military operations, the procedure is more difficult when the accountable party is a military body or its soldiers.

Legal Challenges of Filing a Claim Against the Military

While it is not impossible to do so, there are a few legal challenges that come with filing a claim against the military. Some of these include:

Sovereign Legal Immunity

Sovereign legal immunity is the main legal barrier in trying a wrongful death claim against the military. This legal philosophy guards the federal government against being claimed against without permission. Although there are certain exceptions, it is generally not feasible to file a wrongful death claim straight against the military, given the vast blanket of sovereign immunity.

The Feres Rule

Established by the 1950 U.S. Supreme Court decision Feres v. United States, the Feres Doctrine significantly impedes wrongful death claims involving active-duty service members.

This theory forbids military members from filing a claim against the federal government for injuries—including those resulting in death—that arise while on active duty. The theory behind the philosophy is to uphold discipline inside the armed services and stop court intervention in military operations.

Alternatives for Seeking Compensation

Although direct wrongful death claims against the military are usually denied, surviving family members of service personnel have other options for compensation.

Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act (FTCA) lets people file a claim against the federal government for injuries brought about by government staff members’ carelessness. Still, this legislation has major restrictions. The Feres Doctrine is not reversed by the FTCA. Claims for wrongful death involving active-duty service members are thus still denied.

You have to open an administrative claim with the pertinent federal agency before filing a claim under the FTCA. This assertion ought to be thorough and include all proof of negligence. The agency has six months to answer; should the claim be denied, you can then take it to court.

Veteran and Dependent Claims

Dependents and veterans have greater choices. Under the FTCA, family members of departed military personnel who were not on active duty at the time of death can pursue wrongful death claims, should a government employee or facility negligence cause the death.

Under the FTCA, a veteran’s estate or their surviving family members may pursue a claim, should their death result from negligence in a VA hospital or another federal facility.

Military and Veterans’ Rights

Families occasionally might be qualified for benefits under military or veterans’ programs. While they offer financial support and help with funeral expenditures, these advantages do not replace a wrongful death claim.

Servicemembers’ Group Life Insurance (SGLI) for service members offers a death benefit to surviving members of dead service personnel. VA Survivors Pension provides help and pay for the surviving family members of dead veterans.

Legal Advice and Representation

Navigating military wrongful death claims can be somewhat difficult. Sovereign immunity, the Feres Doctrine, and federal claims processes interact to make professional legal representation quite vital. You can benefit from a military medical malpractice or wrongful death case attorney, as they can:

• Clarify your rights. An attorney can make clear whether your situation fits the allowed exceptions to sovereign immunity and the Feres Doctrine.
• Properly file claims. A skilled lawyer can make sure that administrative claims meet all legal criteria by being timely and accurate.
• Seek out available benefits. Your attorney can show you how to apply for any relevant military or veterans’ benefits to help your family through trying circumstances.

Although directly filing a claim against the military for wrongful death presents legal difficulties, especially in light of the Feres Doctrine and sovereign immunity, other avenues of compensation exist. Families of deceased service personnel may pursue benefits or use the Federal Tort Claims Act as a means of seeking justice. See a legal professional who can help you negotiate the convoluted legal process and advocate for your family’s rights.

FAQs

Can Family Members Sue the Military?

Family members may not be able to directly file a claim against the military for wrongful death if the deceased was an active-duty service member due to the Feres Doctrine. However, they may pursue claims under the Federal Tort Claims Act if negligence by a government employee caused the death and the deceased was not on active duty.

Can You Sue the Military for Emotional Distress?

Due to the Feres Doctrine, it is difficult to file a claim against the military for emotional anguish. This is especially true for active-duty service members. If, however, the hardship is tied to carelessness on the part of a government employee, then dependents and veterans may have choices available to them under the Federal Tort Claims Act.

Can the VA Be Sued for Wrongful Death?

Yes, the VA can have a claim brought against them for wrongful death under the Federal Tort Claims Act if the negligence occurred at a VA facility and the deceased was not an active-duty service member at the time of death. The claim must be properly filed with the VA before pursuing a claim in federal court.

What Is the Military Claims Act?

The Military Claims Act allows for claims against the U.S. military for property damage, personal injury, or death caused by the negligence of military personnel. However, this act does not cover wrongful death claims for active-duty service members due to the Feres Doctrine. It primarily addresses claims for damage or injuries that occur outside of active-duty service.

Contact Spohrer Dodd Trial Attorneys

If you believe that your family may have a wrongful death claim involving the military, it’s crucial to seek professional legal advice to navigate the complexities of federal law. Contact our attorneys today to explore your options. We can ensure that your claim is handled with the utmost care and precision.