Know Your Rights

You need to know your rights. If you do not, you may lose them. There are general considerations that apply in every case. However, claims against the federal government made under the Federal Tort Claims Act or Military Claims Act often involve esoteric legal issues where the answers are not so easy to find. Each claim needs and deserves to be evaluated on an individual basis. The following Frequently Asked Questions and Answers may help you decide to get a free consultation. They answer important questions in this area of practice, but do not constitute legal advice or take the place of your obligation to obtain legal advice tailored to the facts of your potential claim. To obtain specific advice, you should contact us at 1-800-223-2890 for a free, confidential consultation.

I was injured by a negligent military physician. What is a federal tort claim and should one be filed on my behalf?

A: If you are the spouse or child of an individual in the military and were injured by the negligence of a military physician or any other federal employee acting within the scope of his employment in the United States, you may file a claim to recover money to compensate you for your injury. To obtain an opinion regarding the strengths and weaknesses of your potential claim, please email or call us toll free at 1-800-223-2890.

I always thought I could not sue the federal government for negligence. Can I?

A: You can in the appropriate case. The federal government was immune from negligence (tort) actions until 1946, when Congress enacted the Federal Tort Claims Act to provide a right to recover damages from the United States for injuries inflicted by the negligence of federal employees. Although the Federal Tort Claims Act does not provide a right to recover in all situations, you can recover money damages in the right situation. Email or call us toll free at 1-800-223-2890 to discuss your situation.

I am an active-duty service member. I was told that I had no right to recover on a federal tort claim. Is this true?

A: Not necessarily. The good news is that active-duty service members have the same rights as civilians to recover federal tort compensation for negligently-inflicted injuries that are not considered to be active-duty service-connected. For example, an active-duty service member may receive money damages for injuries his or her civilian spouse or child has suffered due to the negligence of military physicians or other government employees. A claim based on such injuries is viewed as deriving from injuries suffered by the civilian. Email or call us toll free at 1-800-223-2890 for a confidential and free consultation.

Within what time period must my federal tort claim be filed?

A: Federal law requires your claim to be filed within two years of the date you knew or should have known of the injury and its cause. State law limitations periods do not apply. Consequently, if the injury was to a minor, you may not rely on state statutes permitting a minor to postpone the filing of suit until he or she becomes an adult. Failure to take steps to promptly investigate the potential claim is known as "sitting on your rights" and may be a valid reason for the United States to deny your claim as time-barred. In some instances, there are ways to extend the period for filing a claim. Email or call us toll free at 1-800-223-2890 to find out if you qualify.

Our child was born in a military hospital in Virginia over four years ago and was just diagnosed with cerebral palsy. My husband and I have been active-duty service members for many years and were hesitant to file a claim. Are we out of time now?

A: Not necessarily. You should not assume that your claims are time-barred.

As a civilian, your child has a right to file a federal tort claim. The timeliness of your child's claim depends on whether two years have expired since the day you or your husband knew or should have known of your child's injury and its cause, a complicated fact question not answerable here.

Significantly, even if your child's claim for his own personal injuries is time-barred, you and your husband may have viable claims for the medical, rehabilitative, nursing, and related expenses you incur as a result of your child's injuries. In cases involving brain-damaged children, those expenses are often substantial. Your active-duty status may operate to extend the time within which you have to file a claim.

What if I was injured by a federal employee acting abroad? I heard that the Federal Tort Claims Act does not apply to claims arising in foreign countries.

A: That is true. However, you have a right to file a claim for compensation under a companion statute, the Military Claims Act. It is similar to a Federal Tort Claims Act case. If a Military Claims Act claim is denied, however, there is no right to sue the United States. However, the United States must exercise good faith in resolving Military Claims Act claims. We have had good success in settling these claims. For a confidential, free consultation concerning your potential Military Claims Act claim, email or call us toll free at 1-800-223-2890.

Will filing a federal tort claim or a military claim harm my military career?

A: Our experience is that the government does not retaliate against service members or their families who have filed such claims. It would be a violation of the law for the government to do so. We have settled hundreds of federal tort and military claims for soldiers from E-1 to O-7 and know of no client whose military career was adversely affected by the filing of such a claim.

What is the difference between obtaining federal tort compensation and obtaining the disability or death benefits that may accrue to me or my family as a result of my injuries?

A: The right to receive federal tort compensation is entirely different from the right to receive administrative benefits under the Veterans' Benefits Act or similar federal disability and death benefit statutes. Your entitlement (if any) to administrative disability and/or death benefits does not depend on whether the injury was negligently-inflicted. Where available, these benefits are usually far less than a federal tort settlement or award would be.

I know an active-duty service member who was seriously injured in a motor vehicle accident with a negligent government driver. His claim for his own personal injuries was barred while his claim for the medical expenses his child incurred in the same accident was not. This treatment seems unfair. Can something be done to abolish the Feres doctrine?

A: Yes. We encourage you to organize and lobby for the passage of federal legislation that would change the law. The media may be able to assist you in this regard. For several years, television news-magazine shows such as 20/20 have aired programs concerning active-duty service members who were seriously injured by negligent federal employees but left massively under-compensated and essentially destitute because of the law.

How can I obtain further information about my potential federal tort claim?

A: You should contact us if you would like more general information on this subject, or if you have a specific question about a potential claim.

How much will it cost to pursue a claim with your Firm?

A: Your confidential telephone consultation is free, and there is no cost associated with our investigation into whether your claim has merit. If your claim is successful, the attorneys' fee is limited by federal law to 20% of any amount recovered at the administrative claims stage and to 25% of any amount recovered if suit is filed. You will also be responsible for out-of-pocket expenses paid to prosecute your claim.

I am stationed in California. Would I be better served by a local attorney?

A: Not necessarily. As a potential claimant, your first requirement is a thorough investigation into the merits of your potential claim. We can perform that service more expeditiously than the vast majority of attorneys nationwide because we have a physician-attorney on our staff, and attorneys who previously worked in claims offices within the government. We know the system, understand the medium, and will help resolve your claim or answer any questions you may have.

The military claims services that decide the vast majority of substantial claims against military health care providers are located within twenty miles of our office. Consequently, we are able to promote the successful resolution of your claim by meeting face-to-face with the responsible military claims officers, a service that a California attorney probably would not provide. We are also within three miles of the world's most prestigious Naval hospital (Bethesda Naval Medical Center) and within ten miles of the world's most prestigious Army hospital (Walter Reed Army Medical Center), some of the very facilities that service members and their families are likely to utilize in cases involving serious injury.

In short, although you may live in California or elsewhere, our location makes us uniquely well-suited to investigate and resolve your claim.

If an injury occurred in the United States, but I am stationed overseas, can I file a claim?

A: Yes, where you are stationed will not prevent you from filing a claim or impair our ability to represent you.