As an Active duty member that is soon to be medically discharged from the Air Force, can i sue for pain and suffering?

Asked 6 months ago - Colorado Springs, CO

I have had 3 seperate injuries to my lower back while on active duty with the Air Force. I am currently undergoing a Medical eval Board that will more then likely retire me from the military. When they determine my disability % ongoing pain is not allowed to be factored into their equation. Due to my pain not being taken into account, and im looking at the possibility of being in pain for the rest of my life, I wonder if the military can be sue'd for that pain and suffering. 1st injury, tore most of the muscle tendons in my lower back while pushing an engine lift kit for an aircraft. 2nd injury, rear-ended in a car accident on base. 3rd injury hopped down from ontop a desk to the floor. resulting overall injury, 1 hernated disc, 3 bulging discs, straightening spine.

Attorney answers (4)

  1. Christopher Daniel Leroi

    Contributor Level 20

    3

    Lawyers agree

    Answered . No, you do not have a viable lawsuit against the military.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  2. Stephen Clark Harkess

    Contributor Level 20

    2

    Lawyers agree

    Answered . The short answer to your question is No. You will not be able to successfully sue the military for your injury. Disability benefits are your sole recourse.

    You can reach Colorado Legal Solutions by phone or email. Stephen Harkess is an attorney licensed in the state... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no direct personal injury claim against the military. Accordingly, there is no damages for pain and suffering recoverable.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully... more
  4. Stephen M. Young

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Thank you for your service. As others have pointed out you will not have a claim agains the military. However, should you feel you are in continuous pain and you have medical records to substantiate your injuries, you may be able to apply for social security disability. If I was in your shoes, I would contact a lawyer that specializes or is familiar with the process to help you through the process (you can apply yourself, but nearly 70% of claims are denied and an attorney can help with the appeals process). Best of luck to you!

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