Knowledgeable Attorney Helping to File Military Claims Act (MCA) Claims
Generally, plaintiffs have more difficulty recovering for an injury that occurs overseas. However, the Military Claims Act (MCA) establishes an exception for damages caused by military service members or civilians who were acting within their scope of employment or if incident to the armed services’ noncombat activities. The MCA may provide an option for recovery in addition to the Federal Tort Claims Act.
Based in Santa Barbara, Bertling Law assists active-duty military personnel, veterans and their families nationwide and based overseas with claims against the government.
You served your country and deserve to be compensated if you were injured while doing so. We explore your options for recovery and help you reach the maximum possible damages and benefits.
What you need to know about filing an MCA claim
Citizens and inhabitants of the United States may file a Military Claims Act claim for injuries caused by a negligent or wrongful act or omission of a U.S. Armed Forces civilian personnel or military service member. If you are eligible to bring a claim under another statute, you may be excluded from filing under the MCA. For example, in most cases, you would need to pursue your claim if subject to jurisdiction under one of these statutes:
Federal Tort Claims Act (FTCA)
False Claims Act (FCA)
International Agreements Claims Act (IACA)
National Guards Claim Act (NGCA)
Military Personnel and Civilian Employees’ Claims Act (MPCECA)
Suits in Admiralty Act
Death on the High Seas Act
Public Vessels Act
In some cases, you may be able to file under two statutes, for example both the FTCA and the MCA, if you meet the criteria. Our law firm conducts a full analysis to determine the best means of recovering your rightful benefits and damages.
The armed forces division that is liable for your injuries has authority to settle claims for $100,000 or less. If you bring a claim that exceeds this amount, the military agency can settle for higher and will pay you $100,000 and report the excess to the General Accounting Office (GAO). Our law firm remains diligent about ensuring that you receive the full amount you are entitled to in a timely manner.
What laws of liability apply under the MCA
If your claim arose from an incident in the United States or its territories or possessions, the negligence laws of the jurisdiction where you were injured apply. If the accident happened in a foreign country, the case is subject to American tort laws as governs U.S. liability.
The court applies and interprets the rules regarding contributory or comparative negligence in the jurisdiction of the place where the accident occurred. If no such rules exist, the theory of contributory negligence bars the claim. Strict liability principles are inapplicable. You do not need to show negligence or fault if your claim arises from noncombat activities. You need only establish causation and damages. Rules of the road of the foreign government apply in cases in which the U.S. motor vehicle laws to not supersede or preempt the foreign traffic regulations.
File an MCA claim for injuries you incurred in your overseas posting
Bertling Law Group is prepared to handle highly complex Military Claims Act claims for clients nationwide. Learn more about your eligibility to file under MCA and other statutes. Your first consultation with our Santa Barbara military injury attorney at Bertling Law is free and your case is handled on contingency. Contact us at 844-295-7558 to schedule your first appointment.