Joanna Szabo  |  June 7, 2019

Category: Legal News

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Three soldiers in the desertIED attacks in Iraq have injured and claimed the lives of countless U.S. soldiers, potentially entitling victims for compensation under the Anti-Terrorism Act.

What is the Anti-Terrorism Act?

The Anti-Terrorism Act is a federal law that allows the victims of terrorist attacks to sue parties which made attacks possible through funding, supplies, or other means.

The act states:

Any national of the United States injured in his or her person, property, or business by reason of an act of international terrorism, or his or her estate, survivors, or heirs, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees. (18 U.S. Code § 2333)

What injuries can be compensated under the Anti-Terrorism Act?

Each situation is different but some commonly compensated injuries include: mental trauma, physical injuries from IED attacks in Iraq and Afghanistan, broken bones, post-traumatic stress disorder, traumatic brain injuries, spinal cord injuries, amputations, loss of vision, and death.

What are IED attacks?

Improvised explosive devices (IEDs) are homemade bombs which are used to “destroy, incapacitate, harass, or distract”, according to the U.S. Department of Homeland Security. These bombs can be concealed on the side of a road, delivered in a package, or otherwise snuck into places where they harm unsuspecting victims.

Other explosives used in the war included explosively formed penetrators (EFPs) and improvised rocket assisted munitions (IRAMs or RAMs). EFPs are especially dangerous because they can be effectively hiding 100 yard or more away from a road without compromising their explosive force capable of penetrating armored vehicles.

IED attacks and other explosive weapons have caused countless casualties among U.S. soldiers, but compensation may be available for victims and their families.

How might Iran be responsible for IED attacks in Iraq?

In 2011, current Chairman of the Joint Chiefs of Staff Adm. Mike Mullen confirmed that Iran was manufacturing weapons and sending them to Iraq in the support of Shiite extremists. Top Iranian government officials reportedly knew of the issue, prompting sanctions against the country in an attempt to limit funding.

“Iran is very directly supporting extremist Shia groups, which are killing our troops,” Mullen said. “They are shipping high-tech weapons in there—RAMS, EFPs—which are killing our people and the forensics prove that.”

How did Iran get around sanctions to fund terrorism?

Iran reportedly found banks that were willing to help with funding in exchange for massive payouts. These banks may have allowed Iran to get past the U.S. sanctions through fake accounts and deceptive measures.

Several banks have pled guilty of collusion with Iran, including HSBC of the United Kingdom, BNP Paribas of France, and Commerzbank of Germany.

Although sanctions against Iran helped prevent some amount of funding for the weapons manufacturing scheme, banks who helped the country fund the weapons production perpetuated violence against U.S. soldiers. Due to this liability, the banks involved may also be held accountable under the Anti-Terrorism Act.

Lawsuits for IED Injured?

A growing number of current and former members of the U.S. military are turning to litigation under the Anti-Terrorism Act. A $10 billion lawsuit was filed against Iran at the end of 2018 for allegedly supplying EFP bombs that were used to injure and kill U.S. troops. The lawsuit was filed in the U.S. District Court for the District of Columbia.

The lawsuit was filed by injured troops, as well as family members of those who were injured or killed. One of the plaintiffs is the father of Army Spc. Clay Farr, who was killed by one such explosive in Iraq in February 2006. The plaintiff, Patrick Farr, said, in a release that “Iran was never held accountable on the battlefield” for what happened to his son.

Iran “got away with murder, pure and simple,” Farr said in the release. “The trial won’t change any of that, but I hope it will help set the record straight so that our leaders learn from past mistakes and come to recognize the full magnitude of what Iran did to my son Clay and his fellow soldiers who were serving in Iraq.”

In 2015, Marine Gen. Joseph Dunford noted that a total of around 500 U.S. troops had so far been killed by EFPs that year provided to Iraq by Iran. The numbers have since climbed.

The lawsuit seeks $10 billion in damages, but it is important to note that even a judgment that Iran is a state sponsor of terrorism will not guarantee that this judgment can be enforced and collected upon, since Iran does not recognize the court’s authority.

Lawsuits filed under the Anti-Terrorism Act may name the banks allegedly responsible for helping to fund these dangerous explosive devices and circumvent U.S. sanctions.

If you or someone you love has been injured or killed in service of the U.S. military in Iraq or Afghanistan by an EFP or IED attack, you may be able to file a lawsuit under the Anti-Terrorism Act. While filing a lawsuit cannot take away the pain and suffering caused by these kinds of injuries, or bring a loved one back to life, it can help to alleviate the financial burden caused by medical expenses, lost wages, and other financial injuries.

If you or a loved one was injured or killed by an IED or EFP while fighting in the Iraq or Afghanistan wars, legal recourse is available. Get help now by filling out the form on this page for a FREE case evaluation.

The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or anti-terrorist class action lawsuit is best for you. (In general, anti-terrorist lawsuits are filed individually by each plaintiff and are not class actions.) After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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