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  • Military Injury Compensation Claims

Military Injury Claims & Compensation

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Services in: Military Injury Claims & Compensation

    • Armed Forces Medical Negligence Claims
    • Armed Forces Compensation Scheme Claims
    • Military Hearing Loss Claims
    • Military Inquests And Fatal Claims
    • Non-Freezing Cold Injury (NFCI) Claims
    • Military Air Accidents
    • Military Training Injury Claims
    • Military Road Traffic Accident Claims
    • Military Heat Injury Compensation Claims
    • Military Injury Claims Guide
    • Off Duty Military Accident Claims
    • Special Forces Injury Claims
    • Military Disease Compensation Claims
    • Defective Military Equipment Claims
    • Military PTSD Claims & Compensation
    • Sea King Multiple Myeloma Claims
    • Military Bullying & Harassment
    • Camp LeJeune Claims
    • LGBT Financial Recognition Scheme Claims

It’s widely accepted that serving in the armed forces brings more danger than most occupations. However, the Ministry of Defence (MoD) still has a duty of care to military service personnel to protect them from avoidable harm. If you’ve been injured through negligence or an avoidable incident while serving in the armed forces, our specialist solicitors could help you to make an army or military injury claim for compensation.

Contact our specialist military claims team today to talk about what happened to you in a free initial consultation. We’ll advise you on how much your claim could be worth and how we feel would be best to proceed.

Whether you're still serving or are a veteran, the branch of service you're in doesn't affect your right to claim. We've supported clients from all military backgrounds, including:

  • Army injury claims
  • Navy injury claims
  • RAF injury claims
  • Specialist units
  • The Army, RAF and Royal Naval Reserve.

Our military lawyers could help you to make a civil claim or to claim through the Armed Forces Compensation Scheme (AFCS).

Why choose Irwin Mitchell’s military injury solicitors to handle your armed forces compensation claim?

Our specialist military injury claims team has been successfully settling claims against the MoD since 1987. Our team includes former military personnel, giving us in-depth knowledge of both the military and the claims process.

Our military injury claims solicitors understand that claiming against the MoD can be a stressful and daunting idea. We’ll be with you every step of the way and will give you tailored legal advice based on your situation. We leave out the jargon and make sure you can make informed decisions.

While we offer various funding options, many military injury claims can be handled on a no win no fee basis. This removes financial risk to you if your claim is unsuccessful. There are also no upfront fees to pay.

To minimise the stress for you, we’re highly flexible in how we work together. If you’d rather work remotely, we can set up phone or video calls. We can also visit you at home or in hospital or arrange confidential meetings at one of our local offices across the UK.

We’ve an in-house network of support services will also be there to help you throughout your claim. Our clinically certified rehabilitation specialists will help you to access any support you need to aid your recovery. This could be medical, emotional, or financial.

We work with various Armed Forces welfare organisations and can help you to access support from them, including:

  • The Royal British Legion Solicitors Panel
  • Help For Heroes
  • SSAFA Forces Help.

Even after your military injury claim is settled, we’ll see that you’re fully supported. Our benefits claim team will make sure you’re aware of any means-tested benefits you’re entitled to claim because of your injuries. They’ll then help you to access these to see that you’ve all the financial support you need.

We can set up a personal injury trust for your compensation, which keeps it separate from your other finances. Doing so will stop your compensation from being factored in when calculating your benefit entitlement, ensuring you can claim all you’re able to.

If you’ve any questions about managing your compensation, our expert financial advisers will be on hand to talk to. They can give you tailored financial guidance on how to make your compensation last for the rest of your life.

No Win No Fee*
Expert lawyers with a service background
Bringing claims against the MoD since 1987

Active members of The Royal British Legion Solicitors Group

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Andrew Buckham
Andrew Buckham Partner Meet the Team

More Information on military injury claims

Although it’s widely accepted that working in the armed forces will incur more risks than most occupations, the MoD still has a duty of care to protect you from avoidable harm.

If you’ve become ill or sustained an injury that could have been prevented, you could be eligible to make a military injury claim. Contact us to discuss the circumstances around what happened to you, and we’ll be able to advise you on whether you could claim.

You’re under no obligation to go any further than this free initial consultation. If you decide to pursue a military injury claim with us, we’ll begin our investigation by gathering evidence to support your case. We can use a range of evidence depending on your situation, including:

  • Medical records
  • Military reports and logs
  • Receipts
  • Photographic and/or video evidence
  • Witness statements.

The MoD will also launch their own investigation once we contact them to tell them we’ll be making a claim. If their investigation concludes that your illness or injury could have been avoided, we’ll work to secure you interim payments. These are early compensation payments taken from your final settlement and can be used to fund ongoing treatment and make up for lost earnings.

Unless it’s in your best interest, we try to avoid court if possible. However, if the MoD disputes responsibility or how much compensation we feel you need, we may need to begin court proceedings.

If you need to attend court, we’ll prepare you and make sure you’re as comfortable as possible. Many military injury compensation claims can be settled out of court even if trial dates have been set.

Compensation awarded in each military and army injury claim is unique. The amount of compensation you could be entitled to will be based on the circumstances around your injuries and the long-term impact they’ll have on your life.

Contact our military injury claims team today to discuss what happened to you in a free initial consultation. Once we’ve learnt more about your situation, we can advise you how much compensation you could be entitled to claim.

We’ll make sure your final settlement is a full reflection of your immediate and lifelong needs. Depending on your injuries, we’ll submit a claim for compensation based on:

  • Your pain and suffering
  • Loss of earnings
  • Costs of retraining for a new job
  • Modifications you need making to your home and vehicle
  • Specialist treatment, therapy, or rehabilitation you need
  • Mobility aids or other specialist equipment you need to lead an independent life
  • Expenses you’ve incurred, such as travel expenses for hospital visits.

We'll seek a compensation settlement that also considers:

  • Service earnings
  • Civilian earnings
  • Pension contributions or resettlement grant
  • Commitment bonuses
  • Specialist pay and allowances
  • Service benefits, including loss of subsidised quarters and Learning Credits.

The time limit for military injury claims in the UK is three years. This begins either from the date of the injury or the date you became aware your illness was caused by avoidable negligence.

If you’re claiming through the Armed Forces Compensation Scheme (AFCS), the time limit is seven years from the date you were injured.

If you’re claiming on behalf of a loved one who lost their life due to a military accident or illness, the time limit starts either from the date of their death or the date you got the postmortem report.

You can sign up to the military from the age of 16, and time limits for claiming against the MoD don’t apply to children under 18. The three-year limit will begin from their 18th birthday, giving them until their 21st birthday to start their own claim.

There’s also no time limit for making a claim on behalf of a loved one who lost the capacity to start their own claim.

There’s no set amount of time for how long a military injury claim can take. When we begin proceedings, the MoD will also launch their own investigation.

How long your claim takes will largely depend on whether the MoD accepts responsibility for your illness or injury. If they accept that your illness or injury was caused due to negligence or avoidable circumstances, we’ll often be able to settle your claim faster.

However, we may need to begin court proceedings if the MoD disputes responsibility or the amount of compensation we believe you need. If you need to go to court, we’ll make sure you’re as prepared and comfortable as possible. Many claims can still be settled out of court even if trial dates have been set.

No matter how long your military injury claim lasts, we won’t rest until we’ve secured a satisfactory settlement for you.

Ray Lowrie

Getting the support from Irwin Mitchell with my adapted house has given me the encouragement and independence I needed to get out there and find other things I am interested in."

Ray Lowrie, client

Client Story - Richard Davies

Richard's Story

Royal Air Force corporal, Richard Davies, was deployed on an exercise in Cyprus in May 2019, when someone towing a jet engine trailer ran into his left heel. His foot folded in on itself and he was rushed to hospital where he had four hours of surgery to reconstruct it. Doctors didn’t realise at the time that he’d sustained severe nerve damage. He was diagnosed with complex regional pain syndrome and in April 2021, three surgeons collectively agreed that amputating his foot would be the best option.

Sport has played an important part in Richard’s recovery. He was encouraged to participate in the 2023 Invictus Games, where he secured four gold medals in the pool. Having the chance to wear the Union Flag gave him the feeling of serving his country again after being medically discharged from the air force. His compensation has enabled him to buy the legs he needs for each of his activities, as well as funding the equipment, training, and international competitions he needs to progress.

Richard’s now gearing up to take on a Himalayan trek with a fellow amputee to raise money for the charities that have supported him.

Read more about Richard's trek here.

"Amputation and the claim have given me so many opportunities that were never there before and I’m going to use them the best I can to inspire others." - Richard Davies

Simon Harrington headshot

"Having a military specialism means that we understand the nuances of military claims, the allowances, the promotion prospects, and the pensions. Compensation will never put Richard back to the position he was in before he was injured, it just can’t do that, but what it can do is take away some of the stress and minimise the impact of that injury, not only on Richard, but on his family as well." - Simon Harrington, Partner & Deputy District Judge

Read More Client Stories

Frequently Asked Questions

What types of military injuries can I make a claim for?

Working in the armed forces comes with a unique set of risks. There are various circumstances that could result in avoidable injuries in the military.

We’ve helped people who’ve been injured as a result of:

  • Training injuries
  • Cold injuries
  • Noise-induced hearing loss
  • Defective equipment
  • Off duty accidents
  • Road traffic accidents
  • Fatal injuries
  • Air accidents.

This list isn’t exhaustive – contact us if you’ve sustained different injuries through the MoD’s negligence.

Will my military career be affected if I make a claim for compensation?

The MoD can’t legally discriminate you if you claim against them but wish to remain in the military. While it’s accepted that the risk of injury is larger in the military than other occupations, the MoD still has a duty of care to protect military personnel from avoidable harm.

If you’ve been avoidably ill or injured, the MoD has failed in its duty of care, entitling you to claim compensation. The MoD sets aside a designated budget to compensate armed forces personnel who were injured through negligence, so you needn’t worry that your compensation will be deduced from your unit.

If you choose to stay in the military after making a claim, and feel you’re being treated unfairly due to claiming, you could have a case for discrimination.

What’s the difference between making a military or army injury claim and claiming through the AFCS?

The AFCS compensates personnel who were injured on or after 6 April 2005.

An AFCS claim, in comparison to making a civil claim, is different as your compensation sum will be based on a tariff system. The minimum amount you could claim in an AFCS award is £1,200, and the most you could claim is a lump sum of £570,000.

You'll also be entitled to a Guaranteed Income Payment (GIP) if you're awarded over £15,500 in compensation.

Some claims aren't eligible for GIP payments, so it may be better for you to make a civil claim as you could claim more compensation.

The time limits also differ. The AFCS gives you longer to claim, with the time limit lasting for seven years from the date you were injured. If you're making a civil claim, you'll have three years from the date you were injured.

Contact our military injury claims solicitors to discuss whether you should make a civil claim or claim through the AFCS. We'll be able to advise you on which we believe is the best option for you once we know more about your situation.

Read More FAQs

Related Information - Military Injury Claims

Support Services - We’re here to help you access the support you need
Rehabilitation - Find out how rehabilitation can change lives.
Focus On Military - Our bi-annual newsletter for the Service Community
Personal Injury Compensation Guide - A general overview of how personal injury claims work

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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