was last modified: January 7th, 2017 by MilMasAdmin
Military Claims Act

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.

Feres doctrine
Claim to the appropriate federal agency

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.

MCA claims

Miller MasciolaTestimonials

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  • Johnny and I couldn’t be happier with the medical malpractice case resolution and the security that the settlement you negotiated brings to our family, especially our baby daughter. We are loving being parents, still getting use to feedings, lack of sleep, diapers, etc., – but all so rewarding and worth it beyond words. Take care and thanks for everything you have done for us!
    Joan D.
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    Peter is a very good attorney who is well versed in the Military Medical Malpractice field. He handled my case with his expertise along with his compassionate, caring and considerate manner. I was seeking answers as to what caused my husband’s death. Throughout the year long legal process, Peter guided me through the steps to provide all the pertinent information and medical records as well as explaining what I should expect regarding how long the process would take and his anticipated outcome. As a result of his expert handling of my case, he was able to obtain much of the missing information as well as a financial settlement. This was a very traumatic experience for me, yet with Peter’s support and encouragement, we prevailed with a positive settlement of my case. I would encourage anyone in need of legal support to contact Peter, you will have a very positive experience.
    DK
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