Military compensation, entitlements, and benefits can complicate a seemingly straightforward Servicemember-Plaintiff’s personal injury damages case. Given the nature of the relationship between the United States and a Servicemember, it is entirely possible the U.S. Government will mitigate a defendant’s damages liability for a plaintiff’s compensatory, medical, and future employment damages.

Our attorneys at MNB Meridian Law, Ltd. are the leading experts on the interplay of a Servicemember’s military service and the compensation, entitlements, and benefits they will receive in a personal injury action, and the defendant’s liability for personal injury damages. We identify, translate, and quantify for our clients how a Service member’s military service was (not) or will (not) be impacted by the federal government’s contribution of compensation, benefits, and entitlements over the course of the Servicemember’s career or life. We then show in turn how that will affect the monetary value of a servicemember-plaintiff’s personal injury claim, and how much a defendant might be obligated to pay or be spared.

For instance, as a defense expert, we reviewed an active-duty Soldier-Plaintiff’s claim for $6M in lifelong medical and employment damages allegedly due to a civilian hospital’s medical malpractice. Given the nature of the Soldier-Plaintiff’s military service, the injuries purportedly caused by the alleged medical practice were considered to be “in the line of duty” and therefore compensable by the U.S. Government. As a result, the Army medically retired the Soldier, and provided him and his family lifelong medical insurance. The Department of Veterans Affairs awarded the (now) Veteran 100% disability at nearly $4,000 per month, secondary lifelong health insurance, and educational retraining. The present value of those government benefits was approximately $235,000.

The case settled for costs, because our experts identified, translated, and quantified how the compensatory, medical, and future employment damages claim was mitigated by the U.S. Government’s contribution of compensation, entitlements, and benefits. The reality is that the U.S. Government effectively paid for the Soldier’s injuries regardless of how they happened or who caused them. This nuanced understanding is the advantage of retaining our military compensation experts.

Contact Us for Assistance

For expert assistance with issues relating to military compensation and personal injury damages, please contact us by calling 215-268-3003 or using the online contact form. With offices in Philadelphia, Pennsylvania and Alexandria, Virginia, MNB Meridian Law serves clients throughout the United States and around the globe.

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