Can the Military Be Sued for Mesothelioma?

Introduction

Welcome to our article on whether the military can be sued for mesothelioma. Mesothelioma is a rare but deadly cancer caused by exposure to asbestos. Unfortunately, many members of the military were exposed to asbestos during their service due to the widespread use of the material in military vehicles, buildings, and equipment.

If you or a loved one has been diagnosed with mesothelioma as a result of military service, you may be wondering if you can hold the military accountable for your illness. In this article, we will explore the legal options available to you and answer some common questions about suing the military for mesothelioma.

Can the Military Be Held Liable for Mesothelioma?

The short answer is yes, the military can be held liable for mesothelioma caused by asbestos exposure during military service. However, the process of suing the military is complex and can be difficult to navigate without the help of an experienced attorney.

If you are considering suing the military for mesothelioma, there are a few important things to keep in mind:

The Feres Doctrine

The Feres Doctrine is a legal principle that prohibits active-duty military personnel from bringing medical malpractice or personal injury claims against the federal government. This means that if you were exposed to asbestos and developed mesothelioma while on active duty, you will not be able to sue the military for compensation.

However, the Feres Doctrine does not apply to veterans or their families. If you were exposed to asbestos during your military service and developed mesothelioma after leaving the military, you may be able to bring a lawsuit against the federal government.

The Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) allows civilians to sue the federal government for certain types of torts, including personal injury caused by the negligence of a government employee. If you are a veteran or the family member of a veteran who developed mesothelioma as a result of military service, you may be able to bring a claim under the FTCA.

The Veterans Administration

The Veterans Administration (VA) provides benefits to veterans who have been diagnosed with mesothelioma as a result of military service. These benefits can include compensation for medical expenses and disability compensation. However, it is important to note that the VA does not provide compensation for pain and suffering or punitive damages.

Table: Can the Military Be Sued for Mesothelioma?

Question	Answer
Who can sue the military for mesothelioma?	Veterans or their families who were exposed to asbestos during military service and developed mesothelioma after leaving the military.
What is the Feres Doctrine?	A legal principle that prohibits active-duty military personnel from bringing medical malpractice or personal injury claims against the federal government.
What is the Federal Tort Claims Act?	A law that allows civilians to sue the federal government for certain types of torts, including personal injury caused by the negligence of a government employee.
What benefits does the VA provide to veterans with mesothelioma?	Compensation for medical expenses and disability compensation.
Can the military be held liable for mesothelioma caused by asbestos exposure?	Yes, in some cases.

FAQs

What is mesothelioma?

Mesothelioma is a rare and deadly cancer caused by exposure to asbestos.

What is asbestos?

Asbestos is a naturally occurring mineral that was widely used in construction materials due to its heat-resistant properties.

How does asbestos cause mesothelioma?

Asbestos fibers can become lodged in the lining of the lungs or abdomen and cause inflammation and scarring that can lead to mesothelioma.

What are the symptoms of mesothelioma?

Symptoms of mesothelioma can include chest pain, coughing, shortness of breath, and weight loss.

How is mesothelioma diagnosed?

Mesothelioma is usually diagnosed through a combination of imaging tests and biopsies.

What is the prognosis for mesothelioma?

The prognosis for mesothelioma is generally poor, with a five-year survival rate of less than 10%.

Can mesothelioma be cured?

There is currently no cure for mesothelioma, but treatment options such as chemotherapy, radiation therapy, and surgery can help to alleviate symptoms and improve quality of life.

What is the statute of limitations for suing the military for mesothelioma?

The statute of limitations for suing the military varies depending on the circumstances of the case and the state in which the lawsuit is filed. It is important to consult with an attorney as soon as possible to determine your legal options.

What evidence is needed to prove that the military is liable for mesothelioma?

To prove that the military is liable for mesothelioma caused by asbestos exposure, you will need to provide evidence showing that you were exposed to asbestos during military service and that the military was negligent in its duty to protect you from that exposure.

What damages can be recovered in a mesothelioma lawsuit?

Damages that can be recovered in a mesothelioma lawsuit include medical expenses, lost wages, and compensation for pain and suffering.

What is the difference between a personal injury claim and a wrongful death claim?

A personal injury claim is filed by someone who has been injured as a result of someone else’s negligence, while a wrongful death claim is filed by the family members of someone who has died as a result of someone else’s negligence.

Can I file a lawsuit on behalf of a deceased family member who had mesothelioma?

Yes, you may be able to file a wrongful death lawsuit on behalf of a deceased family member who had mesothelioma.

How much does it cost to hire a mesothelioma attorney?

Most mesothelioma attorneys work on a contingency basis, which means that they do not charge any upfront fees and only collect a percentage of the settlement or verdict if the case is successful.

What should I look for in a mesothelioma attorney?

When choosing a mesothelioma attorney, it is important to look for someone who has experience handling mesothelioma cases, a track record of success, and a commitment to fighting for your rights.

Conclusion

If you or a loved one has been diagnosed with mesothelioma as a result of military service, it is important to know that you have legal options. While suing the military for mesothelioma can be a complex process, with the help of an experienced attorney, you may be able to recover compensation for your injuries.

If you are interested in pursuing legal action against the military for mesothelioma, we encourage you to speak with an attorney who can explain your legal options and guide you through the process. Your health and financial well-being are too important to leave to chance.

Closing/Disclaimer

The information provided in this article is for informational purposes only and does not constitute legal advice. If you believe that you have a legal claim related to mesothelioma, it is important to consult with an experienced attorney who can advise you on your legal rights and options. Your use of this information does not create an attorney-client relationship between you and the author or publisher of this article.