Tort counsel involved in any case with an active-duty Soldier, Sailor, Airman, Marine or Guardian-plaintiff should understand how military compensation, entitlements, and benefits will profoundly affect any damages claim. Active-duty Service members injured in the line of duty, not even in uniform or performing military duties, provided there was no intentional misconduct, e.g., an auto accident on the way to work, or visiting an emergency room while on leave, or sitting in their back yard grilling and being hit by a car that ran through their fence, are compensable by the Army, Navy, Air Force, Marines, or Space Force.

The Department of Defense (DoD) will suffer the financial losses such as medical bills and compensating the Service member through a disability separation payment or a lifelong military retirement. Furthermore, the Department of Veterans Affairs will provide life-long disability compensation. These payments, depending on a variety of factors, could be as much as $4,000 per month with educational, medical, and other benefits included. For example, a Service member injured at age 26 in a car accident, could see more than $1 million dollars of lifetime compensation and benefits. This is compensation the Defendant may not have to pay – absent pain and suffering and punitive damages.

The attorneys at MNB Meridian Law are nationally recognized experts in the nuances of the play between military compensation and personal injury damages, and have consulted on numerous cases. In one matter, Plaintiff’s expert claimed $6 million in lost lifetime earnings due to an alleged misdiagnosis in the emergency room after a soccer injury. In reality, the Service member was in a better financial position due to their early medical retirement because of the in the line-of-duty injury finding by the DoD – all of its pay, benefits, and entitlements, over a retirement after 20-years of Service. The case settled for $25,000.

Contact the experts at MNB Meridian Law if your case involves significant financial losses and an active-duty Service member. We can provide data driven, fact-based expertise to give both Plaintiffs and Defendants a realistic picture of their damages claim.