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Military Injury Compensation Claims

Military PTSD Claims

Post-Traumatic Stress Disorder (PTSD) can have a devastating effect on your life and your future career prospects in the Forces. If you’ve been affected by PTSD, our specialist solicitors could help you make a claim for compensation through the AFCS scheme.

What Is PTSD?

PTSD is a psychological injury caused by distressing events. Everyone’s experience of it will be slightly different, but some of the symptoms could include:

  • Issues with anger
  • Anxiety, paranoia
  • Problems sleeping, nightmares
  • Flashbacks
  • Hypervigilance and increased startle responses
  • Inability to go out in crowds.

Making A Claim For PTSD

PTSD makes it hard to deal with day to day life. It has a very real impact, not only on you, but also on your loved ones. Compensation can help you get the support you need to move forward with your life.

If you’re suffering from PTSD as a result of your service in the Army, Navy, RAF or Special Forces you may be able to claim compensation. You could also claim if you've experienced PTSD after serving in the Army Reserve (formerly the Territorial Army), Navy, RAF or Special Forces Reserves.

We understand that making a claim for PTSD can be a daunting prospect. Our specialist solicitors have helped hundreds of servicemen and women claim compensation for military injuries, and we’re here to help guide you through the process at every stage.

The AFCS

To claim compensation under the Armed Forces Compensation Scheme (AFCS), you will need to show that your PTSD injury has been caused by service. However, it is a no fault scheme, so you don’t have to prove that this was because of negligence on the MoD’s part, but your injury must have been caused by service. Compensation comes out of a designated budget, so any money you receive won’t affect your unit.

Call today on 0800 022 3321 to discuss your claim – or fill out our online enquiry form and we’ll call you back. 

Bringing claims against the MoD since 1987
Links with numerous military mental health charities
Help with rehabilitation and counselling
Active member of The Royal British Legion Solicitors Group

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  • Amanda Marsh
  • Senior Associate
Meet the Team
Military PTSD Claims - More Information
    • 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.

    • Will Claiming Impact My Career?
    • No. The MoD understands that they ask service personnel to do a difficult job in dangerous situations – and unfortunately accidents do happen. They recognise and respect the individual's right to bring a legal claim for injuries. Claiming won't affect your entitlement to a pension, either.

      The Ministry of Defence should not discriminate against personnel who bring compensation claims after an injury. If you're planning on continuing your service career after your claim, then there are very strict rules about discriminating against someone on this basis.

    • How Much Compensation Could I Get Under The ACFS?
    • Compensation under the AFCS is based on a tariff system, which is determined by the severity of your injury. For a mental injury the minimum compensation is £3000, the maximum is £140,000.

      This award is paid as a lump sum – however, any award of £15,500 or above will also come with a Guaranteed Income Payment (GIP). This is a percentage of your final salary, paid tax free for life, and adjusted to reflect inflation over the years. The GIP percentage can range from 30% to 75% % and is very often the most valuable aspect of any compensation.

      We have extensive experience navigating the AFCS and will ensure that all aspects of your claim are maximised, including the lump sum, and GIP.

      Speak to the team today on 0800 022 3321 – or use our online form and we’ll call you back.

    • 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.
      • Amanda Marsh, who has been bringing personal injury claims for over 20 years and has secured many top AFCS awards for military personnel who have suffered PTSD.
      • Paul Harrington, who completed an operational tour in Northern Ireland as a Bomb Disposal Operator. Paul brings his expertise as a former Ammunition Technical Officer and specialises in claims involving equipment, weapons, munitions and training accidents.
      • 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.

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
Ray Lowrie

Frequently Asked Questions

What Responsibility Does The MoD Have?

In the Armed Forces, a level of risk is unavoidable. Being put in stressful situations is part and parcel of a military career, and we understand that servicemen and women embrace this as part of their job.

The AFCS is a no-fault compensation scheme, meaning that you do not have to prove that the MoD is at fault when you claim. PTSD affects many service personnel and is not necessarily the result of any wrongdoing.

However, the MoD also has a duty of care to minimise risks where possible, as well as provide adequate training and resources for its servicemen and women. It should also ensure there is support in place for its personnel if there is the danger of them developing PTSD after a particularly stressful event.

If you believe you have developed PTSD as a result of negligence on the MoD’s part, it may be better for you to make a civil compensation claim, rather than claiming through the AFCS.

We can advise you on which route is best for you – call today on 0800 022 3321, or fill out our online form and we’ll call you back.

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What Causes PTSD?

Military PTSD is a mental injury caused by stressful or frightening events. It can arise from a single incident or from a culmination of events, and does not necessarily have to be the result of a direct combat situation.

PTSD can develop after either experiencing or witnessing something traumatic. It is a psychological injury and does not necessarily have to be the result of a direct physical injury to you.

In order to make a claim you will first need to get a diagnosis from a consultant clinical psychologist or consultant psychiatrist. This is essential under the Scheme to  establish the nature and extent of your symptoms.

We may be able help you get this diagnosis if necessary – call today on 0800 022 3321, or fill out our online form and we’ll call you back.


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How Can Irwin Mitchell Help?

Our  specialist solicitors have helped hundreds of servicemen and women claim compensation for military injuries. Amanda Marsh on the team has over 20 years’ experience acting for clients with serious personal injuries and has secured top awards for many military personnel bringing PTSD claims.

We have an in-depth knowledge of the Armed Forces Compensation Scheme and the process of collecting evidence to secure our clients the best outcome. While the AFCS is designed to be a transparent and accessible scheme, the reality can be more complex. 

With our expert knowledge we will work hard to present your claim in the best way, making the process as smooth as possible and minimising delays from the start.

We’ll fight to get you compensation that fully represents the effect of your PTSD on your and your family’s life. We have access to specialist medical experts who can provide the evidence needed to maximise your claim, as well as numerous links with charities, care and support agencies to help get you the support and rehabilitation you need.

Call today on 0800 022 3321 to speak to one of our experts, or fill out our online form and we’ll call you back.

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Awards and Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Leading Firm - Legal 500 2017 UK Chambers & Partners Leading Firm 2018

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Royal British Legion

 

We're proud to be part of The Royal British Legion Solicitor's Group

Our Armed Forces Expertise

Since 1987, our specialist military injury team has helped hundreds of injured personnel from the Army, RAF and Royal Navy to claim compensation. We are considered one of the top law firms in the country for military claims and several cases we were involved in were recently featured in the Chilcot Inquiry.

We work closely with a number of Armed Forces welfare branches and organisations, and are the PAX appointed legal representatives under the PAX Personal Accident Insurance Scheme. We're also proud supporters of:

  • The Royal British Legion Solicitors Group
  • Help For Heroes
  • SSAFA Forces Help

Several of our solicitors were part of team that recently won The Claims Innovation Award for Legal Service Team of the Year (2016) for their pro bono work within The Royal British Legion Solicitors Group (TRBLSG).

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

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