Can the family of a soldier who committed suicide sue the Army?

I would be concerned about the outcome of the "line of duty investigation" which could influence whether SGLI insurance benefits are paid out. I am unaware of any cause of action against the government for the situation you describe. Sovereign immunity is probably a bar to asserting such a cause of action.

Your question is not amenable to a simple "yes" or "no" answer. The first step - if the deceased had no will - would be to have the next-of-kin appointed by the Probate Court as the Administrator of the Estate. If there was a will, it will "nominate" someone for that position. The Administrator can then legally request copies of any and all pertinent investigations, to include any "line of duty" investigation which was done.

There are many factual variables, but IF there is a cause of action to sue, it will come under what is called the Federal Tort Claims Act [FTCA]. You should contact a Personal Injury attorney and specifically ask whether or not they handle cases under the FTCA, and if not, find one that does. They then can properly advise you and ascertain whether or not there is any legal basis for a lawsuit, or whether such is barred by the doctrine of Sovereign Immunity, which basically is that you cannot sue the government unless the government first agrees to allow itself to be sued. It is a complex process requiring first, the filing of an Administrative Claim, which must be done NO LATER THAN 2 years from the death, but the sooner you start the process, generally the better off you are.

Good luck to you.

I felt compelled to reply to your question, even though you have two other answers on the same question. However, there is an important point of law that you need to understand before hiring an attorney to address this situation.

The previous discussion on the Federal Torts Claims Act is dead on. The Federal Government may only be sued if it wants to and only under the dictates of this act. One dictate for example is trial by judge alone, no juries under the FTCA.

But more importantly, the reader must understand the Feres Doctrine. I must counsel dozens of families every year about this kind of topic, suits against the government by the family of the service member, and this doctrine is the death blow to most suits. The doctrine, named after an early 1950s United States Supreme Court decision essentially precludes lawsuits by service personnel against the government. The Court decided that good order and discipline would be impacted if a subordinate could sue the superior for conduct occurring while on active duty. This doctrine will bar not only negligent torts but intentional torts as well. Let me describe how this works.

A family of four are riding in a car on a US interstate. The father is active duty military, wife and two children are not. Family car collides with two-ton military truck being driven by active duty person on her way to a deployment. Father dies, family is injured. Feres bars the father and the father's estate from being able to sue, however wife and children in their own capacities may sue for their injuries and claim damages under the FTCA.

Much the same is true even for intentional conduct. If an active duty person makes a claim that his superior officer is sexually harassing him, cannot sue even after either party leaves active duty. The courts will not second conduct between personnel and will leave discipline and resolution to internal military processes.

Hence, any lawyer that you consult regarding this matter must discuss the Feres doctrine and before you hire him or her, insist that he or she show you case law that will get your case out from under the Feres doctrine. As with more personal injury type suits, any attorney confident with the outcome of the case will take it on a contingency basis. If they ask for money up front to pursue the case, that will tell you the confidence level.

And one more point about the FTCA. There is a cap on attorneys fees. Make sure your lawyer knows what that cap.

Good luck.

I felt compelled to reply to your question, even though you have two other answers on the same question. However, there is an important point of law that you need to understand before hiring an attorney to address this situation.

The previous discussion on the Federal Torts Claims Act is dead on. The Federal Government may only be sued if it wants to and only under the dictates of this act. One dictate for example is trial by judge alone, no juries under the FTCA.

But more importantly, the reader must understand the Feres Doctrine. I must counsel dozens of families every year about this kind of topic, suits against the government by the family of the service member, and this doctrine is the death blow to most suits. The doctrine, named after an early 1950s United States Supreme Court decision essentially precludes lawsuits by service personnel against the government. The Court decided that good order and discipline would be impacted if a subordinate could sue the superior for conduct occurring while on active duty. This doctrine will bar not only negligent torts but intentional torts as well. Let me describe how this works.

A family of four are riding in a car on a US interstate. The father is active duty military, wife and two children are not. Family car collides with two-ton military truck being driven by active duty person on her way to a deployment. Father dies, family is injured. Feres bars the father and the father's estate from being able to sue, however wife and children in their own capacities may sue for their injuries and claim damages under the FTCA.

Much the same is true even for intentional conduct. If an active duty person makes a claim that his superior officer is sexually harassing him, cannot sue even after either party leaves active duty. The courts will not second guess conduct between personnel and will leave discipline and resolution to internal military processes.

Hence, any lawyer that you consult regarding this matter must discuss the Feres doctrine and before you hire him or her, insist that he or she show you case law that will get your case out from under the Feres doctrine. As with more personal injury type suits, any attorney confident with the outcome of the case will take it on a contingency basis. If they ask for money up front to pursue the case, that will tell you the confidence level.

And one more point about the FTCA. There is a cap on attorneys fees. Make sure your lawyer knows what that cap is.

Good luck.