The law treats military members differently from civilians in several ways. There are distinctions, particularly when it comes to legal rights, responsibilities and restrictions.
When a service member or veteran is injured in Florida, the legal landscape can be complex. A civilian may pursue personal injury lawsuits without hesitation, but a military member—especially on active duty—must consider a variety of federal doctrines and limitations.
An active duty service member or a veteran may pursue a Florida personal injury claim, especially if the injury is off-base or the defendant is a third party.
In other words, it’s not impossible… it just takes a little more effort to navigate the legal system.
Limitations on lawsuits for military members
Limited ability to sue the government
The Feres Doctrine holds that an active-duty service member may not sue the U.S. government for an injury that occurred as part of their military service, even if it’s the result of negligence.
This is very different from how a civilian may pursue a personal injury lawsuit. For instance, a civilian may file a lawsuit against a physician for medical malpractice but an active-duty service member usually may not. Below, we’ll get into more detail about this doctrine and your rights and limitations.
Military justice system
Service members would follow the Uniform Code of Military Justice (UCMJ), which is a separate criminal justice system that governs military conduct. A crime like desertion or insubordination could result in a court martial, confinement, or dishonorable discharge.
On-base injuries and housing
A military person typically may not file a premises liability lawsuit for an injury that occurred as a result of a property hazard on base or in government-owned housing. They might have a claim if the property is owned by a private contractor, however.
Veterans’ legal rights (vs. active duty members)
Veterans are no longer restricted by the Feres Doctrine. After discharge, they are treated as civilians under the law. They are permitted to file medical malpractice lawsuits against VA hospitals (under the Federal Tort Claims Act), personal injury claims, or other civil lawsuits like any other civilian.
Jurisdiction questions
A member of the military may face legal issues that involve state, federal and military laws that overlap. This could complicate matters that include divorce and custody, personal injury lawsuits, or criminal charges.
When can a military member file a personal injury lawsuit in Florida?
- Off-base car accident. If a military member is injured in a car crash off the base, they may file a personal injury lawsuit against the at-fault driver and/or their insurance company. Florida comparative fault and no-fault insurance rules apply, just as they would for any civilian.
- On-base housing accident. Under the Military Housing Privatization Initiative, some military housing units in Florida are managed by private companies. This means a soldier or their family who is injured by a hazardous condition in their housing (including mold, broken steps, faulty wiring, etc.) could file a premises liability lawsuit against the private contractor, but not against any government entity.
- Injury in a civilian retail establishment, restaurant, or similar. If a service member is injured in a civilian setting—slip-and-fall, negligent security, bar fight, and so on—they may file a liability claim just like any other Florida resident or visitor.
A veteran is treated like a civilian under the law. If a veteran is injured by a dangerous product, car accident, or a fall on private property, they have the same rights as any other Florida resident to file a personal injury lawsuit.
The Feres Doctrine
Under the Feres Doctrine, the U.S. government is not liable under the Federal Tort Claims Act (FTCA) for injuries to service members if the injuries arise out of or are in the course of activity incident to military service.
In other words, active-duty personnel cannot file a lawsuit against the federal government for injuries that include:
- Military medical malpractice
- Training accidents
- Workplace injuries that take place on base
- Sexual assault or harassment on base
- Wrongful death during service-related exercises
The reasoning for this is based on three lawsuits where service members or their estates sought damages under the FCTA. The Supreme Court unanimously denied the claims with the rationale that the lawsuits would undermine military discipline and decision-making.
This applies to active-duty service members injured during military service. It does not apply to veterans, retirees, dependents, or civilian contractors. It might apply to National Guard and reservists, depending on the facts of the claim and their duty status.
There are some critics who’ve argued that the doctrine does not hold parties accountable for serious harm like medical malpractice or sexual assault, but attempts to limit it have generally failed. However, Congress passed the National Defense Authorization Act in 2020, which allows some military medical malpractice claims through administrative processes (i.e. not a civil court).
Should you pursue a lawsuit?
Military status doesn’t automatically disqualify you from filing a personal injury lawsuit. While federal law protects the government from many types of claims, Florida personal injury law allows military members and veterans to seek justice and compensation in many civilian situations.
If you or a family member is a service member or veteran injured in Florida, it’s important to speak with an attorney familiar with both state personal injury law and federal military restrictions. Knowing the distinction between what’s prohibited and what’s allowed can make all the difference in your recovery.
I’m George Lorenzo, founding partner at Lorenzo & Lorenzo in Florida. In addition to having been an Assistant State Attorney in Florida, I spent several years in the military, including as defense counsel for military personnel accused of criminal offenses and as Chief of Operational Law during Desert Storm. If you’re a member of the military or a veteran and have legal questions or concerns, or you’ve suffered an injury, contact my office for a consultation.
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