Can I Make A No Win No Fee* Claim?
Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI), this may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.
Please visit our No Win No Fee page for more information on how it works.
How Much Compensation Can I Expect?
How much compensation you receive after a military accident or illness will depend on a few factors related to your condition, its circumstances, and the support and rehabilitation you need.
When calculating your compensation, we'll take the following things into account:
Your age, rank and specialism
The pain and suffering caused by your injury or illness
Loss of your service earnings caused by delayed promotion or medical discharge
Loss of any civilian earnings
Loss of pension contributions / resettlement grant
Loss of a commitment bonus
Loss of specialist pay and allowances
Loss of service benefits including loss of subsidised quarters and Learning Credits
Your care and support needs – both now and in the future
Modifications to your home
Mobility aids
Any settlement is paid by the Ministry of Defence, out of a specific budget set aside for these situations. It doesn't come out of your unit’s budget, and it doesn’t come out of the budget which pays for kit, equipment and other resources.
For more information, call us on 0800 022 3321 and we'll be happy to discuss your options in a free initial consultation.
What's The Claims Process?
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:
1. 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 file.
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.
2. Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.
3. 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.
4. 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.
What's The Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme (AFCS) is a government scheme that provides compensation for injury, illness and death caused by service on or after 6 April 2005.
Unlike a legal claim, the AFCS does not require you to establish that anybody else was at fault. This means that you could be able to claim under the AFCS in circumstances where there is no legal claim.
However, the AFCS is a tariff based system – it does not look at the way your injury will affect you as an individual, or what financial losses you will actually incur. For this reason legal claims made through the courts will almost always result in significantly more compensation than claims made through the AFCS.
It's accepted that members of the armed forces have no choice where they're deployed, or in the activities they're required to undertake. This means that compensation could be paid from the scheme for injuries caused in a number of ways, including those that occur during:
Operations
Training
Service-approved sports
Exercise to maintain military fitness
Both regular and reserve forces can apply for compensation through the AFCS, whether you're still serving or a veteran.
Compensation is paid as a lump sum on a tariff-based system determined by the severity of your injuries, and can range from a minimum of £1,200 to a maximum award of £570,000. You could claim through the AFCS as well as claiming through the courts.
You can find out more about the AFCS here , or alternatively you can contact our solicitors on 0800 022 3321 for a free consultation if you have any specific questions.
Meet The Experts
Our military injury team have been helping service men and women claim against the MoD since 1987. The team includes several former military personnel, and includes:
Geraldine McCool , who was described as the “Military Master” by The Lawyer. Geraldine is secretary of The Royal British Legion Solicitors Group and heads our specialist military injury team.Simon Harrington , who has over 15 years of experience bringing claims against the MoD. Simon specialises in cold injury claims, having helped hundreds of service personnel to claim over £10 million in compensation for their injuries.Andrew Buckham , who served in the Army for seven years before joining Irwin Mitchell. Andrew specialises in claims relating to serious and fatal injuries. He is also a trustee for the Defence Medical Welfare Service
Meet our military injury team.
