What is the Military Claims Act?

The Military Claims Act (MSA) allows for the submission of negligence claims (globally) against the U.S. government and its agencies, when its employees, while performing their duties, cause harm, property damage, or wrongful death.

Determining whether you are eligible to file a claim under the Military Claims Act requires close scrutiny of the legalese. To fully understand the MSA and how it may affect your case, it is in your best interests to consult with an experienced attorney.

Types of claims

If successful, a Military Claims Act claim can help you recover economic and noneconomic compensation including past expenses for medical and hospital related bills, future medical and hospital expenses, past lost earnings, loss of earning capacity, emotional distress, loss of consortium, and other damages. Below are two of the most common MSA claims:

      • Medical malpractice against us military doctors and hospitals in foreign countries — If you suffer injury at the hands of a US military doctor in a foreign country, you may have grounds for a medical malpractice claim under the MSA. Whether you experience a back or spinal injury, birth injury, or other type of medical mistake, you should discuss your case with a competent attorney as soon as possible.
      • Auto accident cases involving US military vehicles — When a US military vehicle injures, maims, disfigures or kills, victims may have grounds for a negligence claim under the MSA.

Every Military Claims Act case is different. To find out if you are eligible for compensation under this law, seek help from a legal professional.

Who can file?

It is important to understand that active duty members cannot file for compensation under the Military Claims Act. To file a negligence claim against the U.S. government under this law, you must fall into one of the following groups:

      • US civilians (including veterans)
      • Dependents of active duty military
      • Retirees living and working abroad

You should also keep in mind that claims under the MSA must be filed within 2 years after a cause of action ensues.

Dedicated attorneys support veterans nationwide

Based in Santa Barbara, California, the Bertling Law Group is committed to helping victims and veterans throughout the United States obtain compensation. With more than 30 years of legal experience, we have the knowledge needed to tackle the toughest cases. To schedule a free consultation to discuss your claim, contact us at 844-295-7558.