This Memorial Day, as the nation honors those who have died in the course of their military service, Follow Our Courts looks at the legal rights of those left behind.
Plaintiffs must meet certain requirements to file a wrongful death lawsuit against the military.
Sovereign immunity prevents a person from suing the government unless the government agrees to the lawsuit.
The Federal Tort Claims Act (FTCA) and the Military Claims Act (MCA) allow wrongful death claims to be brought against the U.S. Government when the death was caused by the negligent act or omissions of a federal employee at a military hospital or facility.
A family member of a service member or a retired service member may file a wrongful death lawsuit, but active-duty service members and their spouses are typically not permitted to sue the government for injuries or fatalities sustained because of their military service under the Feres Doctrine.
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