Defective Military Equipment Claims

If you have been injured because of defective equipment, you could claim compensation. You could also claim on behalf of a loved one who’s died (or who now lacks mental capacity as a result of their injuries).

There are various circumstances in which our lawyers have helped service personnel and their families, including:

• Equipment malfunctions
• Inadequate equipment, such as offering too little protection for a particular situation
• Insufficient training in the use of equipment
• Equipment not being made available when needed

We have represented clients who have been injured in countries like:

• Iraq
• Afghanistan
• Canada
• Sierra Leone
• Germany
• Kenya

Making a claim certainly isn't affected by where an accident occurred. You could be able to claim whether you were in a training accident in the UK or overseas, or while on tour.

Defective equipment is often grounds to overturn the defence of combat immunity, which the Ministry of Defence sometimes uses to prevent it being sued for injuries sustained in combat situations. The MoD could be responsible for your injuries while you were in combat if they were caused by faulty equipment. Find out more about how combat immunity can affect a claim.

You normally have three years from the date the injury happened to claim compensation. In cases where a loved one has lost mental capacity, there’s no time limit for claiming.

If you are unsure whether you will be able to make a claim, contact us today for a free initial consultation. We will discuss your accident and offer our expert advice about your options.

We have helped service personnel claim compensation for a number of different injuries caused by defective military equipment. These range from recoverable conditions like broken bones to long-term and permanent conditions, such as deafness, loss of limb and psychological damage.

Tragically, defective equipment can also result in fatal injuries, and we have helped families claim compensation in these situations, too.

You might be able to claim compensation for injuries that took place during combat, in training, or while on tour (provided that the injury was caused by defective equipment), or a lack of training in how to use it properly.

The type and severity of your injury can play a significant role in how much compensation you can claim for, particularly if it's serious enough to lead to a military discharge. When calculating a settlement, we will take the following things into account:

• Your age, rank and specialism
• Your condition and its severity
• Psychological trauma
• Medical expenses you have had to pay, as well as travel expenses to any appointments
• Your care and support needs, both now and in the future
• Modifications to your home
• Mobility aids
• Your pain and suffering

We will also make sure that the loss of the following types of income/benefits are considered:

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

If you were injured as a civilian due to defective workplace equipment, our personal injury team can help you to make a claim for this.

To start making your defective military equipment claim, contact us to arrange a free initial consultation. We will listen to what happened to you and advise you on whether you could make a claim for compensation. We will then be able to give you an idea of how much you could be entitled to and make you aware of how you could fund your claim.

You are under no obligation to go any further than this, but if you decide to launch a claim for compensation, we will begin work straight away. Our first step will be to gather all available evidence to support your claim. This can include:

• Photographic and/or video evidence
• Witness statements
• Medical records
• Military records
• Independent medical expert opinions

We will then contact the MoD to explain that we intend to make a claim. If it admits fault early and accepts how much compensation we are claiming for, we will be able to settle your claim swiftly and get you compensation.

However, we may need to start court proceedings if the MoD disputes how much compensation we feel you need or doesn’t admit liability. This may mean your claim takes longer, but we won’t rest until we have secured you the compensation you deserve. Many claims can still be settled out of court even once trial dates have been set.

No matter how long your claim takes, or whether we need to go to court, we will be by your side every step of the way. We will always act on your instructions and make sure you are fully informed throughout the process.

We understand that you may be worried that claiming against the MoD could have a negative impact on your career. This is a common concern among military personnel who have been injured or become ill through a failed duty of care.

However, the MoD is an employer just like any other. While it’s accepted that there’s a greater risk of injury when serving in the military, it is still responsible for giving you equipment that’s safe and functional. If it fails in doing so, it’s failed in its duty of care to you, and you could claim compensation.

The MoD can’t legally discriminate against you in any way for making a claim against it if you have been injured by military negligence. Even if your claim doesn’t succeed, it shouldn’t impact your military career.

If you feel you are being treated unfairly because you have claimed against the military, you could have an additional claim for discrimination.