Kreindler & Kreindler LLP
Contact Us
Main Navigation

Pursuing a claim under the FTCA for military aviation accident injuries

In our last post, we noted that there are significant limitations on active duty military members’ ability to seek compensation from the federal government for losses in aviation accidents. Active duty service members may not be able to file lawsuits for damages in many circumstances, but they should work with an experienced aviation law attorney to understand when they may have the right to sue.

For civilians, veterans and military dependants, the ability to recover damages in connection with a military aviation accident is less narrow. Under the Federal Tort Claims Act, an injured party as the right to sue the federal government for damages, including personal injury and wrongful death. In order to pursue a claim under the law, though, a party must first exhaust any administrative remedies with the agency responsible for causing the harm. 

An injured party has two years after an injury occurs, and six months after final denial of a claim, to file a claim with the responsible military agency. In some cases, the military agency will choose to settle the claim, in which case filing an action under the Federal Tort Claims Act is unnecessary. In cases where the settlement offer is inadequate, one may reject the offer and file a FTCA claim instead.

Building a strong administrative claim against the responsible military agency and under the Federal Tort Claims Act is important in order to ensure an individual harmed by a military aviation accident is fairly compensated. As in any other form of litigation, pursuing claims under the FTCA presents specific challenges for plaintiffs, and working with an experienced attorney can help ensure a plaintiff has the strongest opportunity to obtain fair compensation.

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Kreindler & Kreindler LLP

New York Office
750 Third Avenue, 32nd Floor
New York, NY 10017

Toll Free: 800-331-2782
Phone: 212-687-8181
Fax: 212-972-9432
Map & Directions

Los Angeles Office
707 Wilshire Boulevard, Suite 3600
Los Angeles, CA 90017

Toll Free: 800-331-2782
Phone: 213-622-6469
Fax: 213-622-6019
Map & Directions

Boston Office
855 Boylston Street, Suite 1101
Boston, MA 02116

Toll Free: 800-331-2782
Phone: 617-424-9100
Fax: 617-424-9120
Map & Directions