Military Injury Claims & Compensation

Serving in the armed forces is, by its very nature, a dangerous job and it's generally accepted that accidents and injuries will happen in the line of duty. However, you have a right to expect that your safety will be protected when not in a direct combat situation and that you'll have suitable training and equipment to carry out your duties properly when in combat.

If you've been injured, or if a loved one has died, because of a military accident where safety measures have not been followed, then our solicitors could help you claim military injury compensation.

A number of the solicitors in our military injury team are former service personnel, giving us specialised insight into dealing with the MoD, as well as the concerns many members of the armed forces have when making a military accident claim.

In particular, we understand the extent to which armed forces personnel rely on service benefits and earnings. We'll seek a compensation settlement that takes your medical costs into account, and 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.

We've helped hundreds of injured personnel from all parts of the armed forces claim compensation. Our lawyers could help you to make a civil claim or to claim through the Armed Forces Compensation Scheme.

Making a claim against the MoD can be a daunting prospect, so it helps to have the experts on your side. There are strict rules preventing discrimination against service personnel who make compensation claims and any settlement comes out of a separate budget, rather than affecting your unit.

We also have experience of supporting members of the intelligence community and security services in a variety of circumstances. This includes representing them in regards to incidents while on and off duty in the UK or abroad.

We understand the sensitive issues commonly faced by members of these organisations when making a claim, including:

Loss of pay and benefits
Relevant permissions and clearances needed
Operational matters.

If you’ve been injured in an accident while serving in any capacity in the Army, Navy, RAF or Special Forces you may be able to claim compensation. You could also claim if you were injured while serving in the Army Reserve (formerly the Territorial Army), Navy Reserve or RAF Reserve.

If you have any questions or would like to begin a claim for military accident compensation, call us today on 0800 022 3321 for a free initial consultation, or contact us online and we'll get back to you.

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Bringing claims against the MoD since 1987

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Military Injury Claims - More Information

To make a compensation claim for a military injury or illness, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or illness, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.

The claim will begin by sending a formal letter of claim to the Ministry of Defence. After this, the claim will usually follow the same four stages:

Investigation. We'll begin by determining the extent of your injuries, and the losses they may result in. This will involve obtaining copies of your military medical notes, and any civilian hospitals you've received treatment at. We'll also need a copy of your Armed Forces Compensation Scheme file, and your personnel files. The MoD will undertake an investigation, which usually starts by contacting your unit to confirm details of your accident, and obtain any relevant paperwork. They may also speak to any of your colleagues who were present at the time of the accident, and can provide witness evidence.
Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.
Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had and your ability to get back to work. We'll put this amount to the MoD, and they can either accept liability or contest the claim.
Resolution. If the MoD accepts blame, you'll be awarded compensation. If not, court proceedings will begin. We will try to settle your claim on the best terms, considering options in addition to bringing court proceedings. The MoD should also do the same, as they are obliged to as a branch of government. Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court take over the management of you case, setting strict timetables for the exchange of documents, witness evidence and expert reports. If you do have to go to court, we'll be there to support you every step of the way.

If you have any questions about the claims process, please contact us today on 0800 022 3321 for your free initial consultation.

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 - Stu Pearson

"Learning to walk, that was a bit of a challenge. I was walking with crutches at first… when I got my prosthetic, I was really excited!" - Stu Pearson

"Stu is a truly inspirational person and we’re very pleased he’s decided to support us in raising awareness of the importance of rehabilitation." - Military injury specialist, Irwin Mitchell

Frequently Asked Questions

Who Can Claim Compensation For A Military Injury?

If, while serving in the armed forces, you've been injured in an accident that could have been prevented if safety procedures had been followed, you may be able to claim compensation.

You could claim whether you're still a member of the armed forces, or if you've left the military since your accident, whether due to a medical discharge or any other reason.

The MoD operates its own compensation scheme, managed by Veterans UK. You can apply for a settlement through the Armed Forces Compensation Scheme (AFCS) as well as making a civil claim, and we can help you with both – find out more about the AFCS here. In addition, if you have PAX insurance policy, you may be able to claim through that also. Again, making a claim through your PAX policy would not prevent you making a civil compensation claim.

You have three years from the date of an injury to make a compensation claim – or three years from the date of your 18th birthday if you were under 18 at the time. If a loved one has lost mental capacity as a result of their injuries, there is no time limit on claiming.

You could also claim compensation on behalf of a loved one who has died in service and you have three years to do this too, either from the date they died or the date you received the post-mortem results.

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
Navy
RAF
Specialist units
The Army, RAF and Royal Naval Reserve

We have helped clients following military accidents in the UK, Iraq, Afghanistan, Sierra Leone, Cyprus, Canada, Germany and Kenya, among other locations.

If you've been injured and are unsure whether or not you'll be able to make a claim, don't hesitate to get in touch. Call us on 0800 022 3321 for a free initial consultation about your case – we'll discuss your injury, and go over your options.

What Kind Of Military Accidents Can I Claim Compensation For?

Working in the armed forces comes with a unique set of risks. Accidents and injuries can happen in any number of ways. We’ve helped people who have 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
Mental health issues caused by misprescription of Lariam
Off duty accidents, such as road traffic accidents

If you're unsure about whether you can claim, it's best to seek advice – call us on 0800 022 3321 for a free initial consultation about your case. We'll discuss your injury and offer our expert opinion.

Why Choose Irwin Mitchell For An Military Injury Claim?

Our specialist military claims team, which includes former service personnel, has over 25 years' experience in claiming compensation from both the Ministry of Defence and the Armed Forces Compensation Scheme. Our dedication to ensuring military personnel receive the compensation they deserve has seen us involved in a number of landmark cases, including:

The landmark 1994 Chinook Mull of Kintyre crash
A Puma crash in Iraq involving a Specialist Unit
The death of Lance Corporal Michael Pritchard by friendly fire
The death of Corporal Mark Wright GC at Kajaki Dam, Afghanistan

From the beginning of your claim, we'll work with you to understand any immediate medical treatment needs you have, and any support you'll need in the future, such as:

Mobility aids and modifications to your home
Rehabilitation
Help buying or selling a house
Support with employment difficulties, or help retraining
Financial planning advice
Wills, trust and probate services

Claiming compensation can be particularly daunting for members of the armed forces, with worries that it might affect your service career or the rest of your unit being common. We understand the concerns you might have, and will answer any questions before claiming.

There are very strict rules about discriminating against personnel who make a claim, and we can advise you on your rights in this respect. Compensation settlements come out of a specifically set aside Ministry of Defence budget, rather than affecting the funds available to your unit.

If you have any questions about your military claim, you can contact us on 0800 022 3321 for a free consultation on your case. We'll be happy to answer any questions you have.

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Military Injury Claims & Compensation

Call our experts FREE on:

Military Injury Claims - More Information

What's The Claims Process?

Can I Make A No Win No Fee* Claim?

Will Claiming Impact My Career?

What's The Armed Forces Compensation Scheme?

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