As a service member, you’re trained to handle pressure, adapt quickly, and push through pain, but when an injury occurs off-duty, it’s a different kind of battle. Outside the structure of active duty, it’s not always clear what steps to take, what rights you have, or where to turn for support. Whether your injury happened in a car accident or during your personal time, it can leave you feeling unprepared in unfamiliar territory.
An off-duty military injury still impacts your body, your finances, and potentially your military career. Whether you’re active-duty, reserve, or recently transitioned, it’s crucial to know how to protect yourself legally and medically in the aftermath.
At Hale Injury Law, we’ve supported military personnel across Nevada, Arizona, Texas, and Utah who’ve been injured off duty. Here’s what you need to do to safeguard your rights and recover what you’re owed.
1. Get Medical Help Immediately
No matter how “minor” the injury may seem, seek treatment right away. Military personnel often try to tough it out, but delays in care can cause long-term complications and weaken your legal case. Use VA or Tricare services if available, but don’t hesitate to visit a civilian clinic or ER.
2. Report the Incident Promptly
If the injury happened in a car accident or on public or private property, file a police report or notify the manager or owner of the location where the injury occurred.
A documented paper trail is essential. For those still on active duty, notifying your chain of command may also be necessary, even for an off-duty military injury.
3. Document What Happened and How You Feel
Write down every detail while it’s fresh in your memory:
- Where and how it happened
- Were there any witnesses
- What were you doing when the accident occurred
Then, begin a daily record of symptoms, pain levels, and how the injury is affecting your job, sleep, fitness, and personal life.
4. Preserve Physical Evidence
Photograph the scene, your injuries, your vehicle, or any damaged property. Save clothing or gear involved. If your injury happened in a business, request surveillance footage if possible. These materials can become key evidence in a claim.
5. Let the VA or Your Military Provider Know
If you’re active-duty or using VA services, update your care team about the incident. An off-duty military injury may affect existing service-connected conditions or disability ratings.
Keeping your records current ensures continuity of care and accurate compensation.
6. Don’t Discuss the Injury on Social Media
Even a casual update can be used by insurance adjusters to discredit your claim. Avoid posting photos, comments, or updates about the accident or your recovery online. Keep the details offline and let your attorney handle communications.
7. Track Every Expense and Loss
Injuries cost more than people realize. Keep receipts for prescriptions, medical visits, physical therapy, adaptive equipment, and travel expenses. Record missed workdays, military or civilian, and any changes in income. All of these damages can factor into your claim.
8. Understand How Civilian Claims and Military Benefits Interact
You might be eligible for compensation from a third-party insurance company, without affecting your military pay or VA benefits.
That said, some settlements could impact needs-based benefits, so it’s important to work with a lawyer who understands both civilian law and military regulations. Hale Injury Law has the experience to help you navigate these intersections with clarity and confidence.
9. Choose an Attorney Who Understands Military Cases
Not all personal injury lawyers understand the specific challenges of military life, especially when it comes to injuries off base. At Hale Injury Law, we represent service members with honor.
Whether you’re dealing with PTSD, prior service-related injuries, or concerns about how a case might affect your career, we take a personalized approach that puts your needs first.
10. Prioritize Recovery: Physically and Mentally
Military culture values resilience. But pushing through pain or emotional stress can prolong your recovery. An off-duty military injury can reopen old wounds, limit mobility, and create new anxieties.
Seeking mental health support is just as important as physical healing, and it’s a sign of strength, not weakness.
You Don’t Have to Navigate This Alone
When you’re injured outside the scope of your military duties, it can be hard to know who to turn to. But your pain is valid, your recovery matters, and you’re not in this alone.
At Hale Injury Law, we’re proud to stand behind those who’ve stood for us. If you or a loved one is dealing with an off-duty military injury, we’ll fight for the compensation, care, and dignity you deserve. We can navigate both the civilian legal system and the complexities of military life.
Contact us today for a free, no-obligation consultation. We’ve got your six.