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An out of Court settlement was agreed with the MoD for the Military Accident close to Trial in the sum of £70,000.
Our client was a TA soldier (rank W02) whom had been called up for Regular service with the Army in Iraq in December 2003.
While undertaking a routine patrol, he was providing rear facing top cover in an open topped Land Rover. The driver of the military vehicle impacted at speed with 2 clearly visible and avoidable craters in the road surface, the force of the impact resulting in our client being thrown into the air and landing heavily on his back.
As a result of the military accident, he suffered a lumbar fracture of his spine. He was returned to the UK for medical treatment but failed to make a full recovery. He was discharged from the TA on administrative grounds but the he argued that this was for reasons connected with his injury.
Our client had served for more than 20 years in the TA and was very committed.
Liability was admitted by the MoD, but the amount of the claim was in dispute.
The case was listed for a Trial and settlement was finally agreed less than 1 week prior to Trial. The settlement incorporates an amount for the claimant's injury and pain and suffering, and financial losses associated with his discharge from the TA, his loss of annual bounty payments that he would have received up to his ordinary date of retirement and his loss of further promotional prospects. It also takes into account an amount for ongoing care and assistance and DIY and gardening as a result of the injury.
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