If you believe the military has wronged you, it is critical that you understand your rights and how to seek compensation for your suffering. If you are currently on active duty within the military, it is typically prohibited to file any type of claim against the military. It may also be prohibited for any of your family members to file a claim against the military for any signs of emotional distress inflicted upon you while you are on active duty.
As a veteran, civilian, or military dependent, you have different rights. If you fall into one of these categories, the military should be viewed as nothing more than a large corporation. According to Florida law, you are allowed to file a claim against any company that has inflicted any wrong upon you.
Emotional distress is not always easy to prove. Unlike a physical injury, there may not seem to be anything obviously wrong with you. Instead, emotional distress is a psychological injury that may be the result of a traumatic event.
To win compensation for emotional distress, evidence must be compiled against the responsible party. It must be proven that they acted in a negligent or reckless way, which has led you to suffer an emotional injury.
Examples of emotional distress can be any of the following:
Physical injuries, although easier to prove, can often intertwine with emotional injuries. For example, if you were involved in a workplace accident that caused you physical harm, the trauma caused by the accident and any resulting physical injuries could lead you to develop emotional distress.
It is important to stay informed when filing a claim against the military. Acting quickly and efficiently can help you avoid delays or prevent your case from being rejected. If you are trying to file a claim against the military for any emotional distress you are currently suffering from, follow these steps:
A: The amount you can claim for emotional distress is dependent on your personal case and the damages you have suffered. If the damages are more severe or even lifelong, there is a better chance of earning more compensation. Compensation for wrongful death may be much higher depending on the circumstances surrounding the death.
A: Although proving emotional distress can often be much harder than proving physical distress, it can be done. The best evidence can often be a medical examination showing that you suffer from emotional distress of some kind. In addition, eyewitness accounts can help your case by showing how your emotional distress has been witnessed by the individuals around you. The more documentation showing how you suffered, the better chance your case may have.
A: Damages due to emotional distress can vary, but a sufferer of emotional distress may experience anxiety, fear, insomnia, depression, PTSD, suicidal thoughts, or a general loss of quality of life. These symptoms are typically the result of negligence. In other words, if someone had a duty that was breached, resulting in an accident, they can be found negligent in court. If you are claiming emotional distress against the military, you can assert that the military was somehow negligent in your case.
A: It is typically more difficult to sue someone for emotional distress simply because it is harder to prove, but it can be done. To win a case, you will need proper evidence showing that you do in fact suffer from emotional distress, such as a medical diagnosis by a certified doctor. You must also demonstrate that your emotional distress was caused by the recklessness of another.
In many cases, claims against the military for compensation are denied. With the help of a private attorney, your chances of winning are exponentially better.
At Cronin & Maxwell, we have been working to get our clients their rightful compensation for many years. Our combined experience and expertise help us provide our clients with the best personal attention to their case. We care about each of our clients and will evaluate their case fairly and honestly.
If you wish to file a claim against the military for any emotional distress inflicted upon you, contact us today.