Could I sue the military and how much would I get if I got Hurt in Basic Training and was separated?

Question

I was hurt and was separated because of something else . i had a waiver to get in for my foot and I injured my knee. They told me that I had small joint effusion in my left knee and it turns out that I tore my knee cap tendon and my left quadricep ligament. What do you think will happen if I sue?

Answer 1

You left a lot of information out of your statement; did you mention you had to have a waiver to get in the service? That would negate your rights in any court. However, they allow you in so you could always argue you were all right and this injury was acquired in basic. Moving along you also failed to mention on what grounds you were separated. If medical, you can receive medical treatment and possibly disability. If any other category you are going to have an up hill battle.

In any case, you cannot sue the Government in these type cases. Even in cases were you could say discrimination you have to have permission. Another thing you did not say how long you have been out of the service as it matters when exercising your veterans’ right when applying for employment with the Federal Government. Write me if you have more questions. God Bless you and the Southern People.

Answer 2

Hmmm I hope you're not planning on joining the Marines with an attitude like that. Anywho OCS isn't any easier than basic it's almost more difficult. A good way to not worry about basic or OCS would be to find a college with a ROTC unit and join it. Don't think it's a walk in the park to do ROTC, you will have to commit to it for a few years but at least your basic training is spread out over the course of years instead of weeks. Good luck.

Answer 3

Unless you can prove beyond a doubt that the military was at fault for your injury, you are wasting a lot of time and YOUR money. You would have to show proof that your foot was not a factor. You would have to show that you were forced to do something way beyond your physical capability, more so than anyone else. You would have to show that it was more than an accident and was intentional on the militarys' part. You would have to show that the military did not provide medical care. You would have to prove that the extent of your injuries happened while in the military, not before entry or after separation. Then, you would have to prove that this was not a frivolous lawsuit.

Answer 4

if you sue ,,, you are wasteing your time,,, when you were discharged the dr's ,,gave you a rateing of disability... go to the va apply for benfits,,, and you will be approved ,,, because it is already in you file ,,, no matter what other people say about the va . it is a great place to get service .. and they will help you,,, they also will help you get additional training for other work ,,, unless you are 100%.. you now have a built in medical ins. policy for the rest of your life,, at no cost to you...
but to be fair it sounds to me like you are wanting a free ride,,,
why would you want to sue the military for?? you choose to go in , no one was there to make you,,,
from the injury you stated here it is very painfull,, i know that,, but this thing with the knee cap ,, any good orthpedic surgon can correct this with time... and the military has some of the finest surgeon in the world. all these surgeons are trained for severe combat wounds ,, and they know what they are doing...

my be thankfull that you live in a country where you can sue if you want... but for most other countries ,, if you said sue them,,, you would probally disappear...

good luck
may i suggest also .. that if you can and want to ,,, go down to your nearest va hospital and volenter to help out ... they would appreciate it .... and i assure you ,, after one day there you will come away with a different attitude.....

Answer 5

Wow you are ambitious. First, you should probably know that unless this was an order that undeniably put you in harms way and got you hurt then you wont get too far with suing them. Secondly, during basic people get hurt, this is a fact of life in the military. Basic is suppose to push your physical and mental limits and they will not order you to do something just to see you get hurt. If you try to sue them you will just end up embarassing yourself, because the first thing they will ask you is going to be, did you willingly attempt this activity? Better save yourself the money and aggrevation, S*** happens live with it.

Answer 6

You will only lose money by trying to sue. Unless you can absolutely prove beyond a doubt that they injured you ON PURPOSE, you won't win. Lawsuits filed against the government get thrown out of court, so you should just apply for your disability benefits and move on.

I'm sorry you got hurt, but blaming the military won't make it feel better.

Answer 7

Read your enlistment contract... you can't sue the US Military.

You'd sue for a torn tendon and ligament ?? On what GROUNDS ?? Your clumsiness ?? Or are you actually claiming that the medical treatment wasn't correct ??

Whining litigious people torque my butt !! What sort of compensation do you THINK you deserve ??

I went thru SAR school in 1986 with a broken wrist and 3 broken ribs... then spent another 14 yrs on active duty... quit whining.

Answer 8

It will be thrown out of court as a frivolous lawsuit. And wayyyyyy down in the wee bitty part of the writing on the enlistment document you signed. It says in a very legalese manner that you can't sue.

Answer 9

You cannot sue the US Military or the US Government.

Answer 10

You won't win, because you cannot file a suit against the government for injuries sustained in the armed services.