Military Lawyer For Claims Against the Government

Active and former military members and their families have to sue the federal government when they are injured or damaged as a result of negligence or violations of law.

The Law Offices of David P. Sheldon, in Washington, D.C., represents current and former service members and their families who have been injured or killed as a result of medical malpractice or military negligence in non-combat activities. We also represent those who have been damaged as a result of violations of their personal privacy laws. In our 20 years in representing military clients, we have successfully resolved hundreds of personal injury and privacy violation lawsuits.

For more information or a free consultation with an experienced military defense lawyer, contact us online or by calling 202-546-9575 or 202-546-9575 toll free.

Personal injury and privacy cases may seem far apart, but there are common threads between them. All involve negligence or wrongful action by a government agency, such as the military. And entitle the injured parties to sue the government for compensation or other justice, such as corrective actions.

Personal Injury or Death Caused by Military Medical Malpractice

Under the Federal Tort Claims Act (FTCA), retired service members and military dependents who have been injured by medical malpractice or negligence at a military treatment facility (MTF) can file claims against the federal government. Complainants must file a Notice of Claim within two years of the date when they first knew of the injury.

Property Loss, Personal Injury or Death Caused by Military Non-Combat Activities

People who suffer property loss or injury from the non-combat actions of military personnel can file claims for damages against the federal government under the Military Claims Act (MCA).

Protecting and Enforcing Personal Information | Military Privacy Act Representation

While U.S. military branches expect service members to follow military rules and regulations, service members may expect the same from the military, especially when the rules and regulations concern private information.

The Privacy Act of 1974 guarantees, among other things, rights and protections to military members and civilians whose records are maintained by the military.

In particular, individual military members are permitted to:

  • Learn which records pertain to them
  • Find out where those records are stored
  • Determine whether they are being used for other than their intended purposes
  • Prevent their records from being made available for purposes other than originally intended
  • Access their records, make copies of those records and to correct or amend them

When service members' privacy rights are violated by branches of the military that disclose, misuse or withhold requested information, service members may file civil suits to protect their rights.

As an experienced Privacy Act attorney, David P. Sheldon can ably represent you in defending and enforcing your privacy rights in a civil suit against a branch of the military.

Steps in Filing a Government Claim

The steps for filing claims against the government depend on the clients' circumstances. In general, Mr. Sheldon will discuss your situation with you, advise you of your options, and — if you decide to pursue a lawsuit — he will take the following steps:

  • Obtaining records. For cases involving injury or death, it is important to obtain records independently rather than rely on documents from a military treatment facility (MTF). An independent request by your attorney can enable you to acquire critical notes and informal documents that the MTF may have withheld from you. If you are seeking information about your personal records for a privacy case, an independent request can also result in full disclosure of necessary documentation.
  • Evaluating claims. Once he has obtained all pertinent records, Mr. Sheldon will evaluate them, or enlist the help of qualified experts to evaluate them on your behalf. In medical injury and other personal injury situations, it will be determined whether there was a breach in the standard of care, and if that breach could have caused your injury. In a privacy case, it will be determined if information was withheld or disseminated inappropriately.
  • Investigating claims. If your case has merit, Mr. Sheldon will personally investigate the facts to make sure your case is handled with the required care and attention. He will collect evidence to support your claim, including statements from witnesses, detailed examinations of medical records and/or other pertinent documents relating to your injury or privacy violation claim.
  • Making your case. Armed with records and evidence, Mr. Sheldon will make and thoroughly present your case in a complete packet that he submits on your behalf. While some attorneys file claims by filling out a form and attaching a cover letter, Mr. Sheldon combines pertinent records, witness statements and photographs with a thorough account of his clients' claims. Such packets are designed to convince the government prior to a lawsuit that your case has merit and that you deserve significant damages or other legal remedies.
  • Resolution. The final step in any case is the resolution. Depending on the type of claim and the jurisdiction under which it applies, you may have the right to either file a lawsuit in a federal court or seek a remedy through an appeal. For instance, a military medical malpractice claim can be litigated in federal court, but an adverse decision on a non-combat injury claim may not be eligible for appeal to a federal court under the Military Claims Act.

National Claims Against the Government | Attorney David P. Sheldon | Free Consultation

The Law Offices of David P. Sheldon represents the personal injury and privacy interests of U.S. Armed Forces clients across the country and abroad.

As your lawyer, Mr. Sheldon will see that you get the best shot at obtaining just compensation for your injury or your loved one's death caused by a military doctor, civilian employee or active-duty member of the Armed Forces performing outside the line of duty.

For more information or a free consultation with an experienced military defense lawyer, contact us online or by calling 202-546-9575 or 202-546-9575 toll free.