What are military injury claims?

If you are a member of the armed forces – current or former – and you’ve been injured while on or off duty then you may be able to make a claim for compensation. While there are clearly risks involved in working for the military, particularly in a combat situation, service personnel engaged in non-combat activities have the right to expect a reasonable level of safety.

In simple terms, if you are injured in a way which was avoidable then the Ministry of Defence (MoD) may have failed in their duty of care in a manner which was negligent.

If this is the case then the military injury claims solicitors at Beacon Law could help you to claim compensation in addition to any amount paid out by the Armed Forces Compensation Scheme (AFCS).

The duty of care owed to service personnel by the MoD means that they should provide safe working systems, adequate training and the right equipment. If you were injured as a result of the failure to meet any or all of these standards then you could be eligible for compensation.

No amount of compensation can completely make up for being let down and injured while serving your country, but it could make a huge difference to your recovery and help your financial situation, particularly if your injury impacts your ability to earn a living.

Our personal injury solicitors have the expertise and experience needed to prove negligence in cases of this kind and to know what represents a fair offer of compensation. If you’ve been injured and it wasn’t your fault then contact us today for a free, no obligation consultation.

Who can make a military injury claim?

You can bring a military injury claim if you meet the following criteria:

• You are a current or former member of the UK armed forces
• You were involved in an accident that happened because the MoD failed in their duty of care to you
• You suffered an illness or injury as a result of that accident

As well as a one-off accident the illness or injury could be the result of longer term working conditions – i.e. PTSD or anxiety caused by overly-stressful training conditions. Compensation claims can also be made against the MoD by civilian contractors injured whilst working in military environments and by reservists injured through negligence.

It’s also possible to make a claim for compensation if a family member was sadly killed due to negligence. If you think you or a family member may have been let down by the MoD and injured or made ill in some way then contact us to ask about making a military injury claim.

If we think you could be eligible for compensation then we’ll explain the claims process and set about building the strongest possible case.

What types of military injuries can you claim for?

You can claim military injury compensation for a wide range of injuries, from minor broken bones all the way up to life-changing disabilities. The variety of duties carried out by military personnel means that the military injury claims we deal with are extremely varied, covering the psychological as well as the physical impacts of numerous working environments.

The types of injury you can claim for include, but aren’t limited to, the following:

Hearing loss – caused by working in noisy environments for prolonged periods without the right protective equipment or break periods

Post-Traumatic Stress Disorder – a mental health condition triggered by the experience of a traumatic event or environment and a lack of support in the aftermath

Physical injuries – caused by accidents in training, the use of equipment which is unsafe or a failure to provide the right safety equipment. Physical injuries which are the basis of military injury claims range from broken bones, fractures and dislocations up to limb amputations or paralysis through spinal damage.

Illnesses – life-limiting conditions could be caused by exposure to toxic or hazardous materials such as asbestos. The impact of this exposure might not come to light until a disease or condition is diagnosed many years after the event.

Cold injuries – the physical impact of prolonged exposure to extremely cold environments without the right clothing or protective gear in place could be permanent and life-changing

If you’ve been injured in any way and think that the MoD may have been negligent in allowing the accident that injured you to happen then contact the military injury solicitors at Beacon Law. If we think that your injury was caused by negligence we’ll get to work gathering the evidence to prove it and claim the compensation you deserve.

Can I claim against the MoD?

Yes, you can claim against the MoD if it was their negligence which led to your injury or illness. The law which states this is the Crown Proceedings (Armed Forces) Act 1987 , which removed the immunity which had previously been in place and gave members of the armed forces and their family the right to sue for compensation.

Government bodies such as the MoD have the same duty of care as any other employer, and service men or women who have been injured can seek compensation in two ways. The first route is via the Armed Forces Compensation Scheme (AFCS), a government scheme which makes payments for injuries on a no fault basis.

Where the MoD has been at fault, however, service personnel can also make a separate compensation claim which, as well as an amount to cover the injury itself, will involve claiming for things like lost earnings and direct, injury-related expenses.

What is Combat Immunity?

Combat immunity is the name given to the defence used by the MoD if a member of the armed forces is injured while engage with an enemy combatant or under the threat of attack. As a general rule, the MoD can’t be held responsible under these circumstances, but there are exceptions in which it is possible to claim compensation for injuries sustained in a combat zone.

It’s a complex area of the law, and if you’re holding back from making a compensation claim because you think your circumstances may be covered by combat immunity then please call us for a free, no obligation consultation. We’ll only pursue a claim on your behalf if we think you genuinely have the right to compensation for your military injury.

How to start a military injury claim

The first thing you should do to start a military injury claim is contact Beacon Law. Once we hear about the circumstances of your case and the injuries you received we’ll be able to judge whether it sounds like you’ve been the victim of negligence.

If we think you are eligible to claim compensation for a military injury then we’ll explain how the process of making a claim works, and the evidence we’ll need to prove negligence and demonstrate the impact of your injuries. If you ask us to proceed with your compensation claim we’ll start the process immediately, working on a no win no fee basis.

Once you’ve decided to make a military injury claim we’ll send a formal letter of claim to the MoD, telling them what you’re doing. After this, the claim process will run as follows:

We’ll take a detailed statement from you setting out the nature and extent of your injuries and how they happened.

We’ll also arrange an independent medical evaluation to build a full picture of your injuries and the impact they are likely to have now and in the future.

We’ll get hold of copies of your medical records, including your military medical notes and records kept by any civilian hospitals you’ve had to attend. We’ll also pull together your personnel file and your AFCS file.

We’ll talk to any witnesses to your accident, taking down their accounts of what happened.

The MoD will also investigate the claim, generally by contacting your unit to discuss details of the accident and taking copies of any relevant paperwork. Like us, they may also want to talk to witnesses.

As a family run firm we take great pride in treating our clients as people and not just case numbers. In a case involving a military injury we will help you to access any medical treatment, care or therapy your injuries call for.

We’ll calculate the amount of compensation we think you’re entitled to. The figure will depend upon how severe your injuries are and the pain and suffering they’ve caused, as well as any expenses arising from your injuries, and any impact they have on your ability to earn a living.

We’ll negotiate with the MoD, who will either accept liability for your injuries or contest the claim. If they accept liability and agree to the compensation we’ve asked for then your compensation claim will have been a success.

If the MoD denies liability or contests the amount of compensation asked for then the claim will be subject to court proceedings. In the majority of cases we try our best to negotiate a fair settlement without having to turn to the court, and the MoD has a statutory duty to do the same.

If the compensation claim does have to be settled in court you can be certain that we’ll be by your side to offer support and argue on your behalf every step of the way. In some cases the MoD could accept liability for your injuries, but arriving at a final settlement offer then takes longer due to the complexities of your injuries and the prognosis for the future.

If this happens we will apply for interim payments to cover ongoing costs for things like medical help and care. Any interim payments made in this way will then be deducted from the final compensation amount.

How much compensation can I claim for a military injury?

The amount of compensation you can claim for a military injury will depend on factors like the nature and severity of your injuries, the impact they have had on your ability to live your life and whether they signal the end of your military career.

The final figure could range from a few thousand pounds for relatively minor injuries, up to more than a million if you are injured to a degree that will require medical care and attention for the foreseeable future.

The compensation amount will be made up of general damages and special damages. These amounts are calculated as follows:

General damages will be paid on the basis of the pain and suffering caused by your injuries, and the degree to which they stopped you pursuing things like hobbies and family life. The final figure will be based on the evidence provided by medical experts who have examined you post-injury.

Special damages are intended to ensure that your injuries won’t leave you financially worse off than you would have been had you never been injured. To do this, they will include an amount to cover earnings and pension provision lost because your injuries mean that you can’t pursue your military career as you would have done.

In addition to lost earnings, special damages are paid to cover any expenses directly related to your injuries or illness. These could include, but aren’t limited to, the following:

• The cost of any medical treatment you have to pay for because of your injuries, now and in the future
• The cost of any care you need to access because of your injuries, now and in the future
• The costs of any specialist equipment purchased because for your injuries, i.e. mobility or hearing aids
• The cost of any adaptations that need to be made to your home or vehicle on the basis of your injuries
• The cost of any therapy or counselling which you need to pay for because of your injuries

What is the time limit to make a military injury claim?

It should be noted that there are strict time limits in place regarding military injury claims of this kind. In the majority of cases you have to start your compensation claim within 3 years of the accident which caused your injuries, or within 3 years of becoming aware that negligence is to blame for your illness or injuries.

If you develop an illness because of exposure to a substance like asbestos for example, it could be more than 3 years before your illness is diagnosed, and a link made with your working conditions. If this happens then the 3 years will start from the date of your diagnosis. Because the law which makes it possible to claim compensation from the MoD came into force in 1987, it is not possible to claim for accidents or injuries which happened prior to that date.

One other exception to the 3 year rule exists if you were ‘mentally incapacitated’ during the 3 year period, and so unable to start a claim. If you were in a coma, for example, then the 3 year period would be counted from the date upon which you regained the capacity to make the claim.

If you think you may be able to claim compensation for a military injury then contact the experts at Beacon Law. Our experience in this area of law, and of dealing with the MoD, means that we’ll be able to explain clearly whether you are eligible to claim compensation, and if you are, we’ll work at speed to build a compelling case.

How long does a military injury claim take?

The length of time a military injury claim takes will vary from 6 to 12 months for a relatively simple case with clear-cut injuries, up to 18 months and longer for those cases in which your injuries lead to a medical discharge. In the most complex cases – those which involve life-changing disabilities, for example – the claim could take more than 2 years to process.

Factors which could lead to a claim taking longer to process than the simplest cases include the following:

• The complex nature of your injuries
• If the MoD denies liability and the case has to go to court to be settled

Once the experts at Beacon Law understand the full details of your case we’ll be able to provide an estimate of how long it should take to process. If changing circumstances lead to this estimate being revised then we’ll keep you fully informed throughout, communicating clearly in a jargon-free and supportive manner.

Why choose a specialist military injury solicitor?

You should choose the specialist military injury solicitors at Beacon Law to make your compensation claim because we bring a wealth of experience in this highly specialised field. We have more than 200 years’ worth of combined experience of personal injury claims in general and specific experience of dealing with the MoD in the context of military injuries and the culture of the armed forces.

The complex nature of military injury claims means that you need the legal expertise of the solicitors at Beacon Law to build a compelling case for negligence, drawing on our experience of claiming compensation for clients injured in a military setting. We also understand exactly what each client is entitled to claim compensation for, and will never settle for anything less than the full amount of compensation you are entitled to.

The specialised nature of military injury claims is mostly due to the fact that a military environment is one in which risk of injury is, to a degree, ’priced into’

In addition to our expertise and case-hardened experience we offer an empathetic and supportive approach. We understand how upsetting it is to be injured because someone else failed in their duty of care, and we treat each client as a person rather than simply a case number, offering help with issues such as rehabilitation and care as well as legal advice.

We do all of this on a no win no fee basis. This means that you won’t have to pay anything while we gather the evidence for your claim and negotiate on your behalf.

We’ll only take a payment if your claim is successful and the compensation has been paid, and it will never be more than 25% of the amount you receive. If your claim isn’t successful then the costs of the other side will be covered by insurance which we take out on your behalf at the start of the process.

We work on a no win no fee basis because we think you should be able to seek a just and fair compensation payment if you’ve been injured through negligence, without having to worry about the cost. If you come to Beacon Law to make your military injury compensation claim then you can be certain that there will be no hidden fees or charges, and that you’ll get to keep the majority of any compensation awarded.

Being injured when you’re working to serve your country in the military is always going to be upsetting, and compensation won’t change that. It will give you the best possible foundation for your recovery and rehabilitation, however, and make sure that you aren’t left financially worse off.

If you’ve suffered a military injury that wasn’t your fault contact the team at Beacon Law today. If you’re entitled to compensation then we’ll do everything we can to claim on your behalf and help you to get your life back on track.