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Need legal advice/help

 
 
Reply Sat 27 Oct, 2007 11:33 pm
Ok so im new to this im not sure if this is what this website is for but im going to try and ask anyways. I have a legal issue that i would like some advice on. I am in the military i am at Ft Lewis WA about two weeks ago i was hit by a car during our morning exersice on a cross walk the driver of the car had no drivers license no insurance and they taged failure to yeild to a pedestrian. Alright the guy who owns the car has no insuance on the car. Now is there anyway to get a lawsuit on these guys i possibly could be discharged and lose my military career and i want to be compisated for that if it happens and my injurys. If you can help it would it would be great thank you.
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Type: Discussion • Score: 1 • Views: 408 • Replies: 3
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Phoenix32890
 
  1  
Reply Sun 28 Oct, 2007 03:50 am
allnightalbright - Welcome to A2K! Very Happy

I am not a person with a legal background. It seems to me though, that if you got hurt while you were on the job, the military may have to compensate you. Is there a person on the base that you can talk to about this?


http://www.veterans.state.ny.us/faq/faqdisability.htm

http://www.acap.army.mil/transitioner/transition_assistance/disbl_veterans.cfm

Quote:
Disability Compensation:
The VA pays monetary benefits to veterans who were disabled by injury or disease incurred or aggravated in the line of duty during active military service. To obtain a VA disability rating, you must file a claim with the VA using VA Form 21-526, Veterans Application for Compensation or Pension. This serves to notify the VA about your health problems so that service connected disabilities can be evaluated. There is no time limit to apply for VA disability compensation. However, you are encouraged to apply within one year of your release from active duty because entitlement is established retroactively to the date of separation if your claim is filed within this period. The effective date of eligibility for benefits will be based on the date of your claim if you apply after the one-year period. Contact the VA for more information or visit their website at http://www.vba.va.gov/bln/21/.
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jespah
 
  1  
Reply Sun 28 Oct, 2007 09:52 am
Giving you advice as to whether a lawsuit would be effective or not constitutes legal advice (something which is against this website's Terms of Service).
However, that having been said -- get thee to a lawyer -- start with whoever is on base (the Judge Advocate General's Corps should handle this) and ask about Workers' Comp and suing an uninsured/underinsured motorist and how it works in Washington. If the JAG cannot help you, they should refer you to someone in town. If they do not refer, ask. This is not nothing; there is a reason why insurance exists. Even in states where it is not required (I can't recall if it's required in WA), it is still there to pay medical bills, particularly for struck pedestrians. If there's no insurance, the money should come out of the motorist's own private assets.

But start with the JAG, find out if it's included under the Armed Forces' system of Workers' Comp (which differs from civilian Workers' Comp), then go from there.

Wishing you a speedy recovery from your injuries.
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Noddy24
 
  1  
Reply Sun 28 Oct, 2007 12:04 pm
Allnight--

Welcome to A2K.

Remember, the uninsured driver not only injured you, he damaged government property.

Talk to the JAG. Uncle Sam doesn't like the armed forces being attacked by civilians with or without insurance.
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