military injury claims solicitors

What is a military injury claim?

A military injury claim, also referred to as an army injury claim or military negligence claim, is a legal procedure where a member of the armed forces brings a claim against the Ministry of Defence (MoD) for an injury incurred during their service. This could include injuries sustained during training exercises or active duty. Members of the military who believe they have been harmed due to military negligence, such as insufficient equipment, training, or medical care, or being ordered to undertake unnecessary risks, can make a claim. If a military injury claim is successful, the claimant is awarded financial compensation and may also be eligible for additional rehabilitative support for their injury.

What is the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is a scheme managed by the Ministry of Defence in the UK. It is designed to provide compensation for service personnel and veterans who have been injured or harmed during their military service. Unlike civil military injury claims which determine whether the Ministry of Defence was legally at fault for injuries, the AFCS operates a ‘non-fault’ system. The compensation awarded under the AFCS is based on a tariff system, and is typically lower than what might be received from a civil claim.

Are there time limits for making a civil claim related to military injuries?

Yes, there are time limits for making a civil claim related to military injuries. You must start the personal injury compensation claim process through the civil courts within three years of sustaining an injury. Additionally, for both civil claims and Armed Forces Compensation Scheme claims, if your injury or illness is not immediately apparent, you have three years to claim from the date you become aware of it. In certain cases, such as an asbestos-related disease, this could potentially be many years after your service.

Can I make a claim for injuries sustained in combat?

In the United Kingdom, military service personnel and veterans are able to make civil claims for damages against the Ministry of Defence (MoD) if they consider themselves victims of military negligence. This could include instances where the military has failed to provide proper equipment and clothing, sufficient training, or appropriate medical care and treatment for injuries, otherwise known as military medical negligence. If you have sustained an injury or illness during your military service that wasn’t your fault, you may be entitled to military and army injury compensation. Expert legal advice can guide you through the process of making a military injury claim.

Will making a military injury claim affect my pension?

The act of initiating a military injury claim will not have any impact on your pension. This is a common misunderstanding that has disadvantaged service personnel for years. It is crucial to promptly seek legal advice after an injury, rather than waiting until you have left military service to bring your case. This is because there are strict time limits around making a claim. Delaying until after you have left military service could mean that you exceed the time limit and are no longer eligible to claim.

What are examples of military negligence?

Examples of military negligence can encompass a range of failures by the Ministry of Defence (MoD). These may include not providing appropriate equipment and clothing, not offering adequate training, or instructing service personnel to take unnecessary risks during training exercises. Military negligence can also refer to a failure to provide proper medical care and treatment for injuries, which is known as military medical negligence.

Can I make a military negligence claim?

Yes, you can make a military negligence claim in the UK. This is possible for both military service personnel and veterans who believe they have been injured as a result of military negligence. Instances of such negligence can include failure to provide adequate equipment and clothing, insufficient training, unnecessary risk-taking during training exercises, or improper medical care and treatment for injuries, which is referred to as military medical negligence. If you have experienced an injury or illness during military service that was not your fault, you might be eligible for military and army injury compensation.

Can I make a civil military injury claim if I am also claiming under the Armed Forces Compensation Scheme?

Yes, you can make a civil military injury claim even if you’re also claiming under the Armed Forces Compensation Scheme. A civil claim for military negligence is submitted through the civil courts, whereas an Armed Forces Compensation Scheme claim is managed by the Ministry of Defence. It’s important to note that you cannot be compensated twice for the same injuries. If you make a civil claim, any compensation received from the Armed Forces Compensation Scheme will be considered when deciding on your compensation amount.

What are the most common types of military injury claims?

The most prevalent types of military injury claims often arise from various circumstances during service in the army, navy or RAF, including reserve forces. Such injuries can occur during training exercises or active duty. Claims can be made for injuries such as those sustained from the negligent discharge of firearms, non-freezing cold injuries (sometimes known as trench foot), freezing cold injuries (also known as frostbite), falls from height, and injuries incurred in military vehicle accidents.

Is there specialist advice and support available for making a military injury claim?

Yes, expert advice and support are available for making military injury claims. A team of military injury solicitors who specialise in such cases can guide those who have been injured during their service in the Army, Navy, or RAF. This includes offering advice about civil claims against the Ministry of Defence, which can be made if the injury resulted from military negligence. The legal team can also provide guidance on issues such as combat immunity and the Armed Forces Compensation Scheme. This specialist support is designed to ensure that those injured receive the compensation they deserve.