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Lifetime Compensation For Soldier Following Negligent Discharge

We successfully secured compensation for a man who was discharged from the Army after being negligently shot by a fellow soldier.

In July 2009 our client was on active service in Afghanistan when a colleague accidentally shot him in the stomach. The bullet passed up through his chest, causing serious internal injuries. He had to have one of his lungs removed and also suffered damage to his liver and diaphragm.

He was discharged from the Army in 2013 after a series of operations. His injuries left him with a host of permanent problems. He needed a colostomy and also suffered recurrent infections, as well as fatigue and limited movement. This had a huge impact on his day to day activities and also his employment prospects. The legacy left by the gunshot wound is irreversible as his health is only likely to deteriorate. He is at risk of developing amyloidosis, a condition which prevents the vital organs functioning properly and carries an associated risk of cardiac complications and even heart transplant.

The MoD accepted responsibility for the accident and we secured a settlement that ensured our client’s needs would always be provided for, incorporating a lump sum with annual payments for the rest of his lifetime. The medical evidence we commissioned made explicit the extent of the care and support our client would continue to need in the future. The final settlement far exceeded the compensation he could also expect from the Armed Forces Compensation Scheme, making provision for accommodation costs, as well as future therapy and equipment.

Paul Harrington, a consultant in our Cambridge office and former Ammunitions Technical Officer, acted for the our client alongside Timothy Meakin of Counsel of 7 Bedford Row.

Paul said: “It was very important that we achieved a settlement which provided for our client’s needs not just now, but throughout his lifetime. The structure of the settlement was able to combine payments under the Armed Forces Compensation Scheme with a lump sum, further annual payments and a right to go back to court in certain circumstances for further damages. However, the settlement also shows that the civil claim gave the client substantial damages beyond AFCS payments. The case involved commissioning a good deal of medical evidence from specialist experts who had to look at our client’s long-term prognosis.” 

If you've suffered an injury as a result of a military accident you might be entitled to claim compensation. See our Military Claims page for more details.

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