Active duty service members injured by military personnel can’t file a personal injury claim against the military following an accident. The Federal Tort Claims Act (FTCA) allows veterans, military dependents, and civilians injured and those who suffer from losses due to the negligence of military personnel to file a personal injury claim for compensation to cater to property damage and injuries. Typical negligence claims are car accidents by government vehicles, damage to personal property by military equipment or personnel, or negligence of VA medical personnel.
Civil Matters That Legal Assistance Lawyers Cannot Help Victims With
There are legal areas that military legal assistance lawyers can’t help victims. Some of them include the following:
- Legal matters on private business. Most legal professionals assist victims with the preparations of a lease for their privately-owned homes when they get reassigned or deployed, but not with other areas relating to the businesses they operate or own.
- Lawsuits against the government.
- Military administrative issues. These include Article 138 Complaints and fitness report rebuttals.
Victims who want legal assistance for the above-listed matters should contact a reliable civilian lawyer for help. Hire an aggressive team of lawyers to assist you in filing a solid claim for your case.
Finding the Nearest Military Assistance Office
Victims who want to file a personal injury claim due to the negligence of military personnel should visit The Armed Forces Legal Assistance website for assistance. The site has a locator that’s based on zip code and assists victims in identifying the nearest military assistance office. There may be a legal assistance office nearby that you may need to be made aware of. Victims who can’t find a legal assistance office near them should contact the local legal clinic sponsored by law schools to access free legal services. You can also contact the local bar association or the local legal aid office to assess whether they offer low-cost and accessible services to military personnel. Finally, victims should find out if their state attorney general offices offer free legal services to military personnel.
Individuals Eligible for Free Legal Services Offered by Military Legal Assistance Offices
Reservists preparing to deploy and those recently returned from deployment or active duty National Guard members and their family members with Department of Defense (DOD) ID cards can seek legal assistance. Retired military personnel and their dependents who possess DOD cards are eligible depending on resource availability. Military legal aid is also available to survivors of qualified retirees and service members, oversees civilian workers and their families, or allied forces members working with U.S. Armed Forces and their family members. Victims should contact the nearest military legal aid office for further eligibility assessment.
Are There Charges for Legal Assistance?
There are no charges for military legal assistance. All services a military legal aid attorney offers are free to qualified personnel. Victims with legal issues involving fees or costs will probably pay for the charges. You should note that military legal aid lawyers can’t provide you with the full range of legal assistance that you require. For instance, the military attorney may not represent you in court. Victims who require additional assistance than the military legal aid attorney can provide should contact a non-military attorney who provides services on a contingency fee basis.
Issues That a Military Attorney Helps With
Legal assistance lawyers provide victims with legal assistance and advice in various areas. Some of them include notary services, reviewing leases, estate planning advice, tax assistance, minor traffic tickets, and landlord-tenant disputes. It would help if you remembered that military legal aid might be limited in how much they can do to assist you with a legal issue. The attorney may refer you to a civilian lawyer to enable you to resolve your problem entirely.
The civilian and military legal systems are different. Veterans, active duty service members, and DOD employees should understand their legal rights. Victims who sustain injuries due to the negligence of military personnel should hire a seasoned attorney to help them file a successful personal injury lawsuit.