SSCRA
In the military, training cycles and deployments can send you across the country, or world, at any given time. These changing schedules can often affect pending personal injury cases. To protect the legal rights of military members across the globe, the Soldiers and Sailors Civil Relief Act (SSCRA) was established.
If you're in the middle of settling a personal injury case and you get called to duty, the SSCRA prevents the other party in the case from continuing with any legal proceedings while you're unavailable. Your case will basically be put into a hold status during this period.
However, family members are not covered under the SSCRA, so if you have a pressing need that is preventing you from proceeding with your case, you may not necessarily have the option of making other arrangements.
Tricare Liens
In appreciation for your service and commitment, you have access to world-class healthcare that often comes in the form of free or minimal cost coverage. But you shouldn’t assume that your healthcare plan covers everything. If you are an active duty, veteran, or family member, never assume that Tricare is going to recoup the cost of your treatment.
When you are involved in an accident in which you are not the responsible party, the government will pursue reimbursement for any treatment they cover related to your accident injuries through a Tricare lien. As you continue with your treatment, Tricare will cover your care, but they add the cost of this treatment to the lien.
When you settle your case, the government uses this information for reimbursement. When assessing the value of your claim, it's vital that you figure this lien into the equation. Never mistakenly assume that you don't need to include your medical care costs in the figure because you have free healthcare. Include all medical treatment expenses in this figure to ensure the government is properly reimbursed.
PCSs
During the settlement process, military members should be especially diligent when it comes to selecting an attorney. Unfortunately, personal injury cases don't always wrap up quickly, and the rigors of military life can further extend time.
For example, a case that may have taken nine months to settle can be extended to upwards of two years when you add training or deployments in the mix. To add more layers to an already complex situation, you could complete a permanent change of station (PCS) during the settlement process and move away from the area.
An attorney with excellent communication skills becomes vitally important in this situation. You may be in a different time zone, thousands of miles away from the North Carolina area and you will need an attorney who has the means to communicate with you and handle matters pertaining to your case even though you're far away. You need an attorney who can stand in when you can't.
Every person is different; therefore every case is different. Use this information as a guideline, but consult an attorney for help with your specific circumstance.
With one of the largest Marine Corps bases just an hour away and 6 percent of the local population having prior service, at The Law Office of James B. Gillespie, Jr., PLLC, we understand firsthand the demands and needs that come along with military life. Contact us today, and allow us to use our experience to protect your rights.
