If you are the victim of an injury that is the fault of a US federal employee outside the United States you may be able to bring a claim under the Military Claims Act (MCA). The MCA is an entirely administrative process and there is no right to sue in court under the MCA.
Under the Feres doctrine, active-duty service members and their families are barred from recovery for injuries to the active-duty service member that occur incident to his or her service. Injuries to civilians, dependents and retirees are not barred. The Feres doctrine applies to the MCA.
Under the MCA you must file a claim to the appropriate federal agency and allow six months for the agency to investigate it. A claimant can file by using a federal form, the Standard Form 95, and you must set forth the details of the injuries and the resulting damages, you must indicate a specific dollar amount and you must sign the claim form.
Since there is no right to file suit, MCA claims are exclusively decided administratively. Attorney’s fees at the administrative stage under the MCA are capped at 20 percent of any recovery. The MCA has a two-year statute of limitations, and has many complicated legal aspects that could potentially result in your claim being denied. The MillerMasciola Law firm will guide you through this complicated legal arena with professional expertise.
