Military Injury Claims Solicitors

Serving in the armed forces is a dangerous job. Accidents, injuries and unfortunately death, can occur in the line of duty. With that said, armed forces personnel, serving in the Army, RAF, Navy or Special Forces, have a right to;

1. Protection when in a non-combat situation, and
2. Adequate training and equipment to perform well when in combat

So, if you have suffered injury, or lost a loved one as the result of an avoidable military accident, you might have a right to compensation.

We know that making a claim against the Ministry of Defence can seem like a daunting prospect. Our personal injury solicitors can help you make a no win, no fee claim through the Armed Forces Compensation Scheme or through civil action.

What Can I Claim Military Compensation For?

At Ringrose Law, we’ve handled a range of military injury claims, including;

• Military accidents at work
• Military head injuries and spinal injuries
• Military fatal accident claims and inquests
• Military personnel in road traffic accidents
• Medical negligence for military personnel
• Criminal Injuries Compensation for military personnel
• Injuries on training exercises
• Faulty weapons and kit
• Inadequate training

We also know how much our armed forces personnel rely on services earnings and benefits. That’s why, when you hire us to fight for you, we make sure your compensation accounts for loss of earnings from:

• Services earnings
• Service benefits, e.g. subsidised living quarters and Learning Credits
• Pension contributions
• Resettlement grants
• Specialist pay and allowances

What Are the Chances of My Claim Being Successful?

All military claims are different. As such, they’re judged based on their own, specific circumstances. A successful claim depends on us being able to establish the following;

1. Someone in charge owed you a duty of care
2. That they breached that duty of care, and
3. This breach was the cause of your injur

If we can prove these three points, the chances of your claim being successful are good.

A Word About ‘Combat Immunity’

If;

• Your commanding officer or another soldier makes a mistake, or
• If you’re injured in battle while under attack

The courts cannot hold the MOD responsible. That said, there are exceptions to this defence but they can be complex.

How Long Do I have to Make a Military Compensation Claim?

You must start your claim within 3 years of the date of your injury, or became aware of your injury.

When claiming through the Armed Forces Compensation Scheme (AFCS), you have 7 years to start proceedings.

With these time limits in place, it’s important to start your claim as soon as possible. This will also make it much easier for us to gather the evidence we need to make a successful claim. The sooner we can speak to witnesses, the clearer you will remember the events that led to your injury.

How Long Do Military Claims Take?

Because every claim is different, so is the amount of time each claim takes.

Claims for more serious injuries are often more complex and so they take longer to settle. The reason for this is because it can take longer to assess the impact that injury is going to have on your life.

Injuries that result in a medical discharge can take up to two years to settle. Cases involving catastrophic injury that results in lifelong disability, often take a lot longer.

In cases like these we can often access early compensation payments. These will reduce the financial pressure of having to pay for;

• Medical treatment
• Retraining for a different career, or
• Settling back into life as a civilian

What Does The Claims Process Involve?

Most military claims begin by sending a formal letter of claim to the Ministry of Defence (MOD).  We’ll then determine;

• The severity of your injuries
• How they will affect your life, and
• The financial losses you might suffer

At this stage, we’ll need copies of;

• Your military medical notes
• Notes from any civilian hospitals where you’ve had treatment
• Your Armed Forces Compensation Scheme file, and
• Your Armed Forces Personnel file

The MOD will then start an investigation. In most cases, they’ll contact your unit for details about your accident and gather relevant paperwork. They might get witness statements from any colleagues who were there at the time.

We’ll work out how much compensation you should get, based on;

• The severity of your injuries
• The level of pain and suffering you’re experiencing
• Any medical expenses you’ve incurred so far
• Future medical and rehabilitation costs, and
• Your ability to get back to work

We’ll then take this figure to the MOD and ask them to pay this amount. At this point, they will either accept liability or contest our claim.

If the MOD accepts liability, you’ll be awarded with your compensation. If not, we’ll start court proceedings.

Staring court proceeding doesn’t necessarily mean your case will go to trial. It means the courts will  take over the case and set a strict timetable for;

• Gathering witness statements
• Expert reports, and
• Exchanging documents

We’ll consider other options to court, as will the MOD. That said, if you do have to go to court, we’ll be with you and support you through the whole process.