How Military Service Affects Your Personal Injury Claim

The Intersection of Military Service and Personal Injury Claims

Military service members and veterans face unique considerations when pursuing personal injury claims. Whether you are on active duty, in the reserves, or a veteran, your military status can affect your claim in several important ways, from special legal protections under the Servicemembers Civil Relief Act to the interaction between VA benefits and personal injury settlements. Understanding these issues is essential for maximizing your recovery and protecting your rights.

Active duty service members may face challenges in pursuing personal injury claims due to deployment, frequent relocations, and the demands of military service. However, federal law provides important protections that ensure military service does not disadvantage service members in legal proceedings. Veterans may have access to VA healthcare and disability benefits that interact with their personal injury claims in complex ways.

The Feres doctrine, which bars active duty service members from suing the federal government for injuries sustained incident to military service, is another important consideration. While this doctrine limits claims against the military itself, it does not prevent service members from pursuing claims against civilian third parties who cause their injuries.

The Servicemembers Civil Relief Act

The SCRA provides important protections for active duty service members involved in legal proceedings.

Staying Legal Proceedings

The SCRA allows active duty service members to request a stay of civil legal proceedings, including personal injury lawsuits, if their military duties materially affect their ability to participate. This protection ensures that service members are not disadvantaged by their inability to attend court hearings, depositions, or other legal proceedings due to military obligations.

Statute of Limitations Tolling

The SCRA tolls the statute of limitations for civil claims during periods of active duty military service. This means that the time you spend on active duty does not count toward the deadline for filing a personal injury lawsuit. This protection is critical for service members who are deployed or otherwise unable to pursue their claims during active duty.

Default Judgment Protection

The SCRA protects service members from default judgments in civil cases. If a service member fails to appear in a legal proceeding due to military duties, the court must appoint an attorney to represent their interests before entering a default judgment.

Interest Rate Limitations

The SCRA limits the interest rate on certain debts incurred before military service to six percent. While this does not directly affect personal injury claims, it can help service members manage their finances during the claims process.

VA Benefits and Personal Injury Settlements

The interaction between VA benefits and personal injury settlements is complex and requires careful navigation.

VA Healthcare

Veterans who receive healthcare through the VA system may have their accident-related injuries treated at VA facilities. The VA has a right to recover the cost of this treatment from any personal injury settlement, similar to a subrogation claim. This right is established under the Federal Medical Care Recovery Act.

VA Disability Benefits

VA disability benefits compensate veterans for service-connected disabilities. If you are receiving VA disability benefits and also pursue a personal injury claim for a separate civilian injury, the two benefits are generally independent. However, if the personal injury aggravates a service-connected condition, the interaction between the two claims becomes more complex.

The Federal Medical Care Recovery Act

Under this act, the federal government has the right to recover the reasonable value of medical care provided to service members and veterans at VA facilities when the care was necessitated by a third party's negligence. This means that if the VA treats your accident injuries, the government may assert a lien against your personal injury settlement.

Coordination of Benefits

Coordinating VA benefits with personal injury settlements requires careful planning. Your attorney should work with the VA to understand any liens or recovery rights and to negotiate the best possible outcome.

The Feres Doctrine

The Feres doctrine is an important limitation on personal injury claims by military service members.

What the Feres Doctrine Prohibits

The Feres doctrine, established by the Supreme Court in 1950, bars active duty service members from suing the federal government for injuries that arise incident to military service. This means that if you are injured during training, combat, or other military activities due to the negligence of the military or fellow service members, you generally cannot pursue a personal injury claim under the Federal Tort Claims Act.

What the Feres Doctrine Does Not Prohibit

The Feres doctrine does not prevent service members from pursuing personal injury claims against civilian third parties. If you are injured in a car accident caused by a civilian driver, in a slip and fall at a civilian business, or by a defective product manufactured by a civilian company, you can pursue a personal injury claim regardless of your military status.

Recent Developments

Recent legislation has created some exceptions to the Feres doctrine. The National Defense Authorization Act for Fiscal Year 2020 established an administrative claims process for medical malpractice claims by service members against military healthcare providers. This process allows service members to seek compensation for injuries caused by substandard medical care at military facilities.

How Military Service Affects Damages

Your military service can affect the calculation of damages in your personal injury claim.

Lost Wages and Earning Capacity

If your injuries prevent you from performing your military duties, your lost military pay and benefits are recoverable damages. Military compensation includes base pay, housing allowance, subsistence allowance, special pay, and other benefits that should be included in the lost wages calculation. If your injuries force you to leave military service, the loss of future military pay, retirement benefits, and other long-term benefits can be substantial.

Medical Expenses

If your injuries are treated at military or VA facilities, the cost of that treatment may be recovered by the government from your settlement. If you receive treatment from civilian providers, those expenses are recoverable in your personal injury claim.

Pain and Suffering

Your military service does not affect your right to recover pain and suffering damages. The physical pain, emotional distress, and impact on your quality of life caused by your injuries are compensable regardless of your military status.

Impact on Military Career

If your injuries affect your ability to continue your military career, advance in rank, or qualify for certain assignments, the impact on your career is a factor in calculating damages. Expert testimony from military career counselors can help quantify this loss.

Unique Challenges for Military Claimants

Service members face several unique challenges when pursuing personal injury claims.

Deployment and Availability

Active duty service members may be deployed or stationed far from where their accident occurred, making it difficult to attend medical appointments, depositions, and court hearings. The SCRA provides some protection, but managing a claim from a distance remains challenging.

Frequent Relocations

Military families relocate frequently, which can complicate medical treatment continuity and the claims process. Changing healthcare providers and jurisdictions can create gaps in medical records and complicate the case.

Military Medical Records

Obtaining medical records from military treatment facilities can be more complex than obtaining records from civilian providers. Your attorney should be familiar with the procedures for requesting military medical records.

Security Clearance Concerns

Some service members worry that filing a personal injury claim or receiving a mental health diagnosis could affect their security clearance. While these concerns are generally unfounded, they can deter service members from seeking the treatment and compensation they deserve.

Tips for Military Service Members Pursuing Injury Claims

Several strategies can help military claimants navigate the process effectively.

Hire an Attorney Experienced with Military Issues

Choose an attorney who understands the unique legal issues affecting military service members, including the SCRA, the Feres doctrine, VA benefits, and military pay and benefits calculations.

Document Your Military Pay and Benefits

Maintain detailed records of your military compensation, including base pay, allowances, special pay, and benefits. This documentation is essential for calculating lost wages and earning capacity.

Coordinate with the VA

If you are receiving VA healthcare or disability benefits, coordinate with the VA to understand any liens or recovery rights that may affect your settlement.

Maintain Medical Treatment Continuity

Despite frequent relocations, maintain continuity in your medical treatment. Transfer your records to new providers and ensure there are no gaps in your treatment history.

Protect Your Rights Under the SCRA

If your military duties interfere with your ability to participate in legal proceedings, invoke your rights under the SCRA to request stays and other protections.

Conclusion

Military service creates unique considerations for personal injury claims, from SCRA protections and VA benefit interactions to the Feres doctrine and military career impact. Understanding these issues and working with an attorney experienced in military-related claims is essential for maximizing your recovery. Whether you are on active duty, in the reserves, or a veteran, you deserve fair compensation for injuries caused by others' negligence.

Use our free settlement calculator to get an estimate of what your injury claim may be worth. Our tool considers your injury type, medical expenses, and other factors to provide a personalized estimate of your claim's potential value.

Special Considerations for Reserve and National Guard Members

Reserve and National Guard members face unique considerations when pursuing personal injury claims.

Part-Time Military Status

Reserve and National Guard members serve part-time, which means they may have both military and civilian employment. When a personal injury affects both their military and civilian careers, the damage calculation must account for losses in both areas.

Activation and Deployment

Reserve members who are activated or deployed during the pendency of their personal injury claim can invoke SCRA protections to stay legal proceedings. However, activation can also complicate medical treatment continuity and the claims process.

Dual Employment Income

Calculating lost wages for reserve members requires accounting for both their civilian income and their military drill pay and annual training pay. If the injury prevents them from participating in military duties, the lost military pay is a recoverable damage.

Military Career Impact

A personal injury that prevents a reserve member from meeting physical fitness standards or performing military duties can result in separation from the military, loss of retirement benefits, and loss of future promotion opportunities. These career impacts should be included in the damage calculation.

VA Disability Ratings and Personal Injury Claims

If you are a veteran with a VA disability rating, the interaction between your VA benefits and your personal injury claim requires careful navigation.

Independent Claims

VA disability benefits and personal injury claims are generally independent. Your VA disability rating for a service-connected condition does not prevent you from pursuing a personal injury claim for a separate civilian injury.

Aggravation of Service-Connected Conditions

If the accident aggravates a service-connected condition, the situation becomes more complex. You may be entitled to an increased VA disability rating for the aggravation, and you may also be entitled to personal injury damages for the aggravation. Coordinating these claims requires careful legal strategy.

Double Recovery Concerns

Courts and insurance companies may raise concerns about double recovery if you are receiving VA disability benefits and also pursuing personal injury damages for the same condition. Your attorney should be prepared to explain that the two systems compensate for different things and that there is no improper double recovery.

Resources for Military Service Members and Veterans

Several resources are available to help military service members and veterans with personal injury claims.

Military Legal Assistance

Active duty service members can access free legal assistance through their installation's legal assistance office. While these offices may not handle personal injury claims directly, they can provide referrals and general legal guidance.

Veterans Service Organizations

Organizations such as the American Legion, Veterans of Foreign Wars, and Disabled American Veterans can provide assistance with VA claims and referrals to attorneys experienced in military-related personal injury cases.

State Bar Military Committees

Many state bar associations have military law committees that can provide referrals to attorneys experienced in representing military service members and veterans in personal injury cases.