In June 2013, a young soldier serving with the Royal Fusiliers was assaulted by a fellow soldier while off duty overseas. As a result of the assault, the soldier suffered a severe brain injury. The soldier who committed the assault was arrested and following a military court martial, was convicted of intentionally inflicting grievous bodily harm and was sentenced to nine years imprisonment and discharged from the armed forces with disgrace.
The injured soldier was taken to a local hospital initially and treated in a critical care unit before being flown back to the United Kingdom. After further extensive treatment, he was eventually discharged to Headley Court where he continues to be treated. As a result of his injuries, the young soldier is to be medically discharged from the Armed Forces and will require care and support for the rest of his life.
Irwin Mitchell was instructed by the soldier’s mother because her son lacked the mental capacity to instruct us himself. To date, we have been able to secure £175,000 compensation for the soldier’s injuries from the Criminal Injuries Compensation (Overseas) Scheme. Our military injury lawyers are now gathering evidence to ensure that he is awarded the maximum amount of compensation available through the scheme to cover future loss of earnings as a result of being discharged.
The Criminal Injuries Compensation (Overseas) Scheme has been operated by the Ministry of Defence since 1979 and makes payments to service personnel and accompanying dependants who are innocent victims of crimes of violence. The scheme covers those serving overseas and deliberately mirrors the scheme operated by the Ministry of Justice which compensates victims of crime in the UK. This ensures that they and their families do not suffer a disadvantage as a result of overseas service compared to civilian victims of crime.
The scheme is evidence-based and applications must be submitted within two years of the incident. The military injuries claims team at Irwin Mitchell assists soldiers and their families gather the necessary police evidence, medical evidence and witness statements to support the claim. Irwin Mitchell provides this service on a No Win No Fee Agreement and has been very successful in ensuring that soldiers and their families receive the maximum amount of compensation available which is currently in the region of £500,000.
Paul Weston, a military injury solicitor at Irwin Mitchell, says, “Despite the CICO scheme being in place since 1979, I often find that soldiers who call me are unaware it exists. This is especially worrying when you consider the two year time limit that applies”.
If you have been injured by a violent crime while serving in the Armed Forces abroad, you may be able to claim compensation for pain, medical expenses and loss of earnings under the Criminal Injuries Compensation (Overseas) Scheme. Phone us on 0800 056 4110 or contact us online to find out more.
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