IU.S. Military Laws:
Can a Army solider be sued by a civilian? What type of exemptions does military personnel qualify for?
A few years ago, I was in a car accident ~ Struck from behind by a army solider. Ive obtained a lawyer who seems to has not put forth effort in my case.
Most recently he informed me that a military solider can not be sued.
Any resources that any can provide pertaining to this would be great
2007-03-20 04:34:58 · 9 answers · asked by stylegem 1 in Politics & Government ➔ Military
The fact is that the lawyer wants me to accept a small settlement. As once he gets his portion, I will have virtually nothing. The Longterm effects of the accident are great. He doesnt want to go to court! What im really looking for is a resource that can provide legal information about law suits & military soliders. It seems that the lawyer is indicating that the solider can not be sued. Also indicated that he is out of state/he can not access his location/address ? While I understand that there are red flags * I wanted to be well informed about how this matter is to be handled when suing a solider.
2007-03-21 01:01:23 · update #1
Speaking as an Army Soldier who was Sued I can say Bull....
Your lawyer probably sees that there are no big bucks for him in it so he doesn't want to get involved. Remember the skill level of attorneys this country is on a downward slide too.
If he is operating on a contingency, get out while you can. If you have paid him money, demand it back
2007-03-20 04:43:12 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Where did the accident happen? On base or off? Yes, under normal conditions a soldier can be sued. Your main problem is timing. I'd call a civilian lawyer immediately. The time you have to file a claim is usually restricted to 2 years from the accident. The only exception would be for a military person with a diplomatic passport, while conducting official military business.
2007-03-20 04:59:06 · answer #2 · answered by auditor4u2007 5 · 1⤊ 0⤋
Yes, an Army soldier can be sued by a civilian. If he was found at fault, then you can. If he was in a government owed vehicle, you cannot sue him.
The question I have is, why aren'y you going through the insurance agents? That is what its there for.
If your lawyer wants you to settle, it just means he wants fast, easy money. Get a new lawyer, one that will fight for you, and give you the best advice. Remember, they work for you.
Also, the soldier is a citizen of the US, so he is treated like anyone else. Trust me, I am in the military, and if something happens downtown, I can get in trouble with the local police and the military.
2007-03-20 04:47:37 · answer #3 · answered by George P 6 · 1⤊ 0⤋
Yes they can, but under the Soldiers and Sailors civil relief act, any civil lawsuit that requires the soldiers presence can be delayed until such time that his command can release him to be present. Most likely he went to his legal office and had them type up a letter that was signed by his commanding officer that informed your lawyer of the fact that he will be deployed and will not be able to be present for the court case, therefore the case cannot continue till his return. Your lawyer probably figured that it would be a waste of money to try and continue with this case, this would be an effort to help you from spending more than it's worth to pursue this lawsuit.
2007-03-20 18:38:36 · answer #4 · answered by GIOSTORMUSN 5 · 0⤊ 0⤋
He can be sued, BUT, if he is deployed to Iraq or Afghanistan the case will be delayed until he returns to the States. He is protected by the Soldiers and Sailors Act, which prohibits civil actions against soldiers in combat.
2007-03-20 05:04:14 · answer #5 · answered by bugs280 5 · 3⤊ 0⤋
yes a soldier can be sued if it happened off post in a private vehicle, two years have passed why now? were you injured?
the soldier could be somewhere else by now. Id say, if you are no longer hurt or damage to your vehicle is taken care of, then I agree with your lawyer, let it go
2007-03-20 04:51:17 · answer #6 · answered by sofmatty 4 · 1⤊ 0⤋
The notion that a soldier cannot be sued is totally false. If they are off post and commit any crime, abeit a misdemenor, or a felony, they can and are arrested by the civilian authorities.Just because you are a soldier, it is not the same as diplomatic immunity.
2007-03-20 04:41:40 · answer #7 · answered by WC 7 · 3⤊ 0⤋
If he was in a governement vehicle you have no case.
Why does everyone always have to sue all the time? You have insurance and a job for a reason right? Your own insurance should have taken care of you. Drop it, car accidents are not supposed to pay out like a slot machine in Vegas.
2007-03-20 06:31:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
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2016-12-02 07:06:28 · answer #9 · answered by Anonymous · 0⤊ 0⤋