McArthur Law Firm

Can I Sue the Military for Wrongful Death of My Loved One?

iStock-121961016-resize-300x199.jpgTwo soldiers were killed and six were injured in a deadly incident at Fort Jackson in Columbia, South Carolina in October. Two of the surviving soldiers remain in critical condition as of the time of this writing. Details are few regarding the nature of the accident, but it is known that it involved a military vehicle and a troop formation. The vehicle, a non-tactical utility vehicle, was pulling a water buffalo tank when it struck the troop formation from behind.

Can I Sue the Army for Wrongful Death of a Family Member?

It is pretty difficult to sue the federal government without its permission. However, there are three laws that can help you do it.

  1. The Federal Tort Claims Act. This act waives the federal government's sovereign immunity under certain circumstances. It allows individuals to collect damages from the federal government for injury, death or property damage caused by the negligence of federal employees whose negligent actions occurred within the scope of their employment.
  2. The Military Claims Act, under which plaintiffs filing military-related claims can settle property loss, personal injury or wrongful death claims for up to $100,000.
  3. The Military Personnel and Civilian Employees' Claims Act, which compensates military and civilians up to $40,000 for loss, damage or destruction of personal property as well as injury or death.

Any time you lose a loved one due to the negligence of another, you should discuss your case in a free consultation with a wrongful death attorney. You may not realize that you are entitled to certain damages unless you speak with someone knowledgeable on the subject. Your attorney will fight for you to receive the maximum recovery possible under the law.

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