Cantor Grana Buckner Bucci Provides Skilled Expertise for Military Service Members with Personal Injury Claims
When pursuing damages in a personal injury claim, members of the military face a unique set of considerations compared to civilians. Military personnel’s damages and the compensation they may be entitled to after an accident are very different than those for injured individuals not in the military. Military members’ lost earnings and potential future benefits, including lost retirement pay and benefits, can be significant. Additionally, injuries can also impact the member’s ability to remain in the service and their eligibility for certain deployments or special assignments, further complicating the calculation of future lost earnings and benefits. Factors such as MOS, rank, time in service, and the likelihood of promotion must be carefully evaluated to assess lost earning capacity and benefits accurately. Engaging with the legal professionals at Cantor Grana Buckner Bucci who have experience in military member personal injury claims is crucial for ensuring that all potential losses are comprehensively accounted for and accurately valued. Whether you are on active duty, the Reserves, or the National Guard, our lawyers are here to support Virginia military personnel and their families for their injury or wrongful death claims. Contact us today for a free consultation.
Why Choose Cantor Grana Buckner Bucci?
We Understand the Medical Separation System
After an accident, a military member may have injuries or physical conditions that prevent them from performing their military duties. This can result in a referral for medical evaluation to determine whether the member may remain in the service or if they will be medically separated or retired. This system is related to, but different from, the VA Health Assessment used to determine VA Disability Benefits. Understanding how these systems work, what benefits the service member may be entitled to, and, more importantly, what future pay and benefits they may lose is crucial to ensuring that a service member injured in an accident receives all the compensation they deserve. For members navigating both their service’s medical evaluation process and a personal injury claim, we understand that it is essential to consider how medical separation or retirement can affect current and long-term benefits, including retirement pay, future healthcare, and eligibility for veterans’ benefits. The skilled personal injury lawyers at Cantor Grana Buckner Bucci understand that addressing these aspects during the claim process ensures a more comprehensive settlement that reflects not just current losses but also future financial security.
We Understand How to Identify Lost Military Benefits as Damages
One crucial aspect of a personal injury claim for a service member is the potential loss of military benefits, which can significantly impact one’s financial and personal life. These benefits often include, but are not limited to, basic allowance for housing (BAH), basic allowance for subsistence (BAS), health care benefits, education benefits under the GI Bill, commissary and exchange privileges, and retirement pay. An injury may shorten a military career, limiting access to these benefits and affecting retirement plans. For example, an active duty service member who is medically separated before reaching 20 years of service for regular retirement may lose millions of dollars in future retirement pay and benefits. At Cantor Grana Buckner Bucci, our attorneys are adept at calculating the value of lost military benefits, ensuring that settlements reflect the full scope of what our clients are rightfully entitled to, including compensation for the premature end of a military career and the consequent loss of benefits.
We Know Benefits That Should Not Offset Damages in a Personal Injury Claim
It’s important for military service members and their legal representatives to distinguish between benefits that should not be considered as offsets against damages in a personal injury claim. Generally, compensation awarded through a personal injury claim is intended to cover the loss and damages suffered as a result of the injury, including medical expenses, pain and suffering, lost wages, and future earnings potential. Conversely, certain military benefits are provided based on service and commitment to the country, not as compensation for injury, and thus should not reduce the amount recoverable in a personal injury case.
These benefits include, but are not limited to, Veterans Affairs (VA) disability compensation, healthcare benefits, GI Bill educational benefits, and any pensions or retirement benefits earned through years of service. VA benefits, in particular, are designed to assist veterans in managing health issues stemming from their service and to facilitate their reintegration into civilian life or to cope with disabilities. Therefore, they are considered entitlements due to the sacrifices made during military service, rather than offsets for personal injuries incurred.
At Cantor Grana Buckner Bucci, we make it a priority to ensure that military members’ personal injury settlements fully account for the damages suffered without improperly deducting entitlements that veterans have earned. These benefits are rights that service members have fought for and should not be leveraged against them when seeking justice and compensation for injuries resulting from another’s negligence.
How Lost Earning Capacity and Future Benefits Affect Your Settlement
Lost income, earning capacity, and future benefits play a pivotal role in determining the value of a personal injury claim for a military member. Understanding the complexities of these factors is crucial. When a service member is injured, their ability to progress in their military career can be significantly hindered or halted altogether. This not only affects their immediate income but also drastically impacts future earnings potential, including promotions, special pay, and bonuses that would have been available had the injury not occurred.
Furthermore, the premature end of a military career due to injury can lead to a reduction in or complete loss of future retirement pay and benefits, which are calculated based on years of service and rank. Early medical separation from the military may result in receiving no future benefits or future benefits that are a fraction of what could have been expected after a full career. Additionally, other long-term benefits, such as healthcare for the service member and their family, commissary privileges, and GI Bill benefits for education, could also be diminished or lost.
For military personnel, the implications of lost pay, earning capacity, and future benefits extend beyond immediate financial concerns. They represent a substantial alteration of life’s trajectory, impacting not only the service member but also their dependents. In personal injury claims, it’s essential to comprehensively evaluate and articulate these losses to ensure that settlements fully compensate for both the immediate and long-term financial impacts of an injury. At Cantor Grana Buckner Bucci, our expert legal team employs a meticulous approach to quantify these losses accurately, advocating for settlements that genuinely reflect the breadth of the economic and non-economic damages our clients face.
How the Loss of Planned Retirement Benefits for Military Service Members Can Affect Their Damages in a Personal Injury Case
The loss of planned retirement pay and benefits for military service members significantly compounds the damages in a personal injury case. These benefits, often seen as the culmination of a career’s worth of service and sacrifice, include not only monthly payments but also access to health care, commissary and exchange privileges, and eligibility for loans and scholarships meant for retirees and their families. When a service member’s ability to serve is prematurely terminated due to an injury, calculating these lost retirement benefits becomes a critical aspect of their claim.
For those who anticipated serving in the military until qualifying for retirement pay and benefits, the impact of losing these benefits transcends mere financial loss. It represents a fundamental shift in the service members and their family’s future quality of life and financial security. Military retirement benefits are designed to acknowledge the sacrifices made by service members, providing a stable and secure foundation for their post-service life. Therefore, when an injury inflicted by another’s negligence cuts a military career short, the ensuing loss of retirement benefits is both profound and far-reaching.
It is incumbent upon legal representatives to meticulously assess and articulate this loss, ensuring that settlements not only compensate for immediate financial needs but also reflect the profound long-term economic and emotional impact of losing planned retirement benefits. At Cantor Grana Buckner Bucci, our attorneys understand and are committed to ensuring that the valuation of lost military retirement benefits is accurately integrated into the overall damages claim, honoring the service and sacrifice of our military clients by advocating for the full compensation they deserve.
Military Benefits and Veterans Affairs Benefits in Personal Injury Claims
The intricate interplay between military benefits and Veterans Affairs (VA) benefits possesses significant implications on the valuation of damages in personal injury cases for military service members and veterans. Both types of benefits aim to support the individual’s transition from military to civilian life, albeit in different ways for different reasons.
In personal injury litigation involving service members or veterans, understanding the overlap and unique provisions of these benefits is crucial for accurately assessing damages. For instance, a military member may be medically separated from the service before qualifying for retirement pay and benefits, but still may receive VA Disability Compensation. VA Disability Compensation is a benefit the service member could receive regardless of how long they served or whether they made it to normal retirement, and it therefore should not be subtracted from the the lost future pay, future retirement pay, or future retirement benefits the soldier is entitled to in the personal injury case.
Therefore, it’s essential to differentiate between the compensation provided by these benefits and the compensation sought in a personal injury lawsuit. A thorough evaluation ensures the injured party is fully compensated for their losses. At Cantor Grana Buckner Bucci, we meticulously analyze the entitlements and benefits our clients receive to present a clear and comprehensive claim that accurately reflects the true extent of the damages sustained, ensuring justice is served to our service members and veterans.
Integrated Disability Evaluation System
The Integrated Disability Evaluation System (IDES) represents a critical process for military service members who suffer injuries or illnesses that might jeopardize their ability to continue serving. This joint program, administered by the Department of Defense (DoD) and the Department of Veterans Affairs (VA), is designed to evaluate service members’ medical conditions, determine their fitness for duty, and expedite their access to VA benefits. The IDES process is intended to provide a seamless transition from active duty to veteran status for those found unfit for service due to medical reasons, providing a streamlined approach to receiving disability ratings and benefits.
At the heart of the IDES is its dual-purpose evaluation, which serves not only to assess a service member’s ability to perform their duties but also to establish their eligibility for VA benefits at the earliest point possible. This methodology eliminates the need for separate evaluations by the DoD and VA, significantly reducing the wait times for benefits and facilitating a smoother transition to civilian life for injured service members. The IDES process underscores the commitment to recognizing and addressing the sacrifices made by military personnel, ensuring they receive timely and adequate support for service-connected injuries or conditions. Understanding how the IDES system works, the differences between the DoD process and the VA process, and the differences between the benefits available from the DoD versus the VA, is crucial to ensuring that every service member is fully compensated in their personal injury case.
Cantor Grana Buckner Bucci is Committed to Helping Military Personnel Navigate Their Personal Injury Claims
At Cantor Grana Buckner Bucci, we are deeply committed to serving military members and their families who have been injured by someone else’s negligence. Our experienced legal team understands the complexities surrounding injuries to service members, including the unique challenges faced during recovery and transition to civilian life. With a comprehensive knowledge of both military and VA benefits, we are dedicated to ensuring that our clients receive the full spectrum of support and compensation they are entitled to from their personal injury case. Our approach is tailored to each individual’s case, recognizing the distinct aspects of military service and the profound effects injuries can have on service members’ lives and futures. We stand by our commitment to advocate tirelessly for our clients, providing the legal expertise and support necessary to navigate the complexities of their claims and secure the justice they deserve. Contact Cantor Grana Buckner Bucci for a free consultation.
