Did you know that the U.S. ranks high in terms of military manpower, with about 1.3 million active military personnel in 2024? Serving in the military is a noble and selfless act. Military personnel are always reminded that being in the military has its own significant risks and challenges. In some situations, service members and their families may feel wronged by the military or its personnel.

Can you sue the military? The military is a unique institution with its set of rules, regulations, and immunities, which can make it difficult to sue them directly. 

It may be possible to sue the military or its personnel for certain types of claims like medical malpractice, defective equipment or products, negligent supervision or training, constitutional violations, and contractor liability (if a civilian contractor is involved).

If you want to take the military to court, this article will tell you what you need to know and how to get a favorable claim for your case.

Understanding Sovereign Immunity and the Military

Understanding the concept of sovereign immunity is important if you want to pursue legal action against military personnel. Sovereign immunity protects government entities, including the military, from being sued without their consent.

This implies that the military is immune from lawsuits for harm they inflict during duty. Immunity prevents military operations from being obstructed by litigation or distractions. There are some exceptions to sovereign immunity, and knowing them helps you set expectations when taking legal action against military service members.

Circumstances Under Which You Can Sue the Military

If a negligent act happens on a military base, resulting in injury, litigation may become an option.

Service members who have been subjected to discrimination or illegal dismissal may be able to pursue legal action.

In some situations, residents have the right to raise a claim on any harm to property inflicted by military activities.

Military law professionals will review your claim and determine if  a valid case exists.

The Federal Tort Claims Act and Its Implications

Accident compensation is available under the Federal Tort Claims Act (FTCA). FCTA limits legal procedures for some military care claims. Under this act, a person can claim damages from the negligence of federal employees during work.

The normal period in which to present an administrative claim against the appropriate federal agency is two years from the date of the incident. 

Punitive damages are not allowed in FTCA claims, and the claimant must prove negligence or wrongful conduct to proceed.

Legal Protections for Service Members

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), military personnel may be able to get their jobs back provided that they meet certain criteria.

The Servicemembers Civil Relief Act provides certain protections regarding loans, leases, and legal cases that allow military personnel to fully concentrate on their duties.

The military justice system provides protection against unfair treatment and secures due process under the Uniform Code of Military Justice (UCMJ). This legal protection scheme assists military members during and after their service. This federal law establishes the rights and duties of a service member.

Steps to Take If You Want to Pursue a Lawsuit Against the Military

After taking into account the legal framework that protects military personnel and finding out that you have a valid claim, you can start collecting documents related to your case. These include medical records, incident reports, etc. Consult an attorney specializing in military matters to help you address the complications of your case.

Submit a claim to the appropriate branch of service, which usually involves filing a Standard Form 95 for tort claims. After the claim is filed, prepare for administrative review and potential denial. You have the option to escalate the matter in federal court in case it gets rejected.

A clear understanding of these steps will help you handle the legal process better.