Civilian injuries resulting from a military truck or vehicular collision or wreck can be significant. We have represented clients who have been involved in such military truck/vehicular wrecks. Such wrecks may require emergency EMT services, different modalities of imaging, physical therapy, occupational therapy, or speech therapy. Some of our clients have required out-patient visits to neurologists, physical medicine and rehabilitation doctors, audiologists, ear-nose-throat (“ENT”) doctors, among others.
Once you have dealt with all the medical issues that may arise out of such an accident, you may need to navigate the Federal Tort Claims administrative and legal framework to receive compensation for such injuries. Our military vehicle accident attorneys have experience navigating the FTCA administrative and legal framework.
How do I sue the Military?
First, you must remember that you cannot file a lawsuit against an employee of the Army, Air Force, Navy or other government agency. You cannot file suit against the agency itself. Instead, you must file suit against the United States of America under the Federal Tort Claims Act. Before you can file suit under the Federal Tort Claims Act, individuals must follow the strict rules of the Federal Tort Claims Act.
- You must file a Form 95 with the United States Postal Service.
- You must state the nature of your claim and what’s called a “sum certain.”
- You have to file the Form 95 within 2 years of the date of accrual.
Once the Form 95 has been filed with the appropriate federal agency, then you must work with the agency to resolve your claim. There are a lot of pitfalls if you do not know what you are doing. If you cannot successfully resolve the claim administratively, you have the option of filing suit so long as you file within the appropriate limitations period. Our military vehicle accident attorneys have decades of trial experience and are able to assist you in this process. Please contact us if you need a free evaluation of your claim. Once you have filed your form 95, you must wait at least 6 months (maybe more depending on the course of your administrative claim) before you can file a federal lawsuit.
If you believe you are a victim of military medical malpractice, call us now—if you wait too long, it may be too late.