What You Should Know When Your Loved One in the Military Dies
When a military wrongful death occurs, the death does not involve combat or the hazardous circumstances that you would expect in the course of normal military combat operations. In this respect, wrongful death refers to death caused by someone’s negligence or wrongful actions.
Situations that Could Result in Military Wrongful Death
Unfortunately, military base accidents can occur that are accidents that never should have happened. For example, investigation might show that a military plane or vehicle did not undergo proper maintenance. Subsequently, a crash occurred.
In non-combat situations, vehicle accidents, plane crashes or slip and fall accidents sometimes occur due to negligence. They may be subject to the Federal Tort Claims Act (FTCA) and Military Claims Act (MCA). Both of these laws use tort law as the basis for claims.
“Tort” is a legal term that refers to harmful or negligent behavior that injures someone else or damages their property. As a consequence, the injured party may seek compensation for damages. They may seek compensation for physical injury, emotional distress and financial losses.
A wrongful death case is a specific type of tort case. In this instance, the injuries caused by the negligent party or due someone’s wrongful act inflict injuries that result in a military service member’s death.
The surviving family may be able to bring a lawsuit against the military to recover damages.
If you are considering filing a claim or have filed a claim or an insurance company has denied your claim, seek legal help. Sometimes accidents occur resulting in death, and insurance companies deny rightful benefits.
Legal Representation in a Wrongful Death Case
It is vital to have an experienced lawyer at your side who understands the legal process in dealing with a military wrongful death case. Not every lawyer handles this type of case or has this type of experience.