Off Duty Accident Claims

If you've been injured while off duty in an accident that wasn't your fault, or you've been assaulted, our solicitors may be able to help you claim compensation.

We understand that service personnel have different needs when making a claim. Concerns about loss of service benefits, pay and allowances following an injury are common, and we'll ensure that all these things are considered when pursuing compensation on your behalf.

Insurance companies often have limited knowledge of the value of a lost service career, so without specialist military lawyers to accurately value your claim, it could be settled for less than you’re entitled to.

We've represented service personnel who have been in a number of different kinds of accidents, including:

Road traffic accidents
Sporting or gym accidents
Burns
Slips, trips and falls
Holiday accidents.

In some instances – such as injuries sustained at a gym or service-approved sporting event – it may be possible to claim from the Armed Forces Compensation Scheme (AFCS). Our specialist solicitors will be able to advise you on who we will need to claim against for your injuries.

Our lawyers are also experienced in claiming through the Criminal Injuries (Overseas) Compensation Scheme, which is a specialist scheme for service personnel (and their families) who have been assaulted abroad.

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

We have the largest personal injury team in the UK, claiming over £1 billion in the last two years alone for our clients. No matter the injury, and no matter the circumstances, you will be met with compassionate, practical advice that puts your well being first.

If you have any questions about claiming compensation for an accident that happened while off duty, call us today on 0800 022 3321 for a free initial consultation about your case or contact us online and we'll get back to you.

No Win No Fee*

Experts in both military and civilian claims

Specialist lawyers with a service background

Active members of The Royal British Legion Solicitors Group

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Off Duty Accident Claims - More Information

- 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 an off-duty accident or injury 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.
- Are The Rules Different For Civilian And Military Personnel?
- As a member of the armed forces, you have the same right to make a compensation claim for an accident or injury that occurred because of negligence as civilians, and you're entitled to claim compensation for accidents that occurred while you were off duty too.
  
  If you're claiming for an accident that occurred during your service, the claim will be brought against the Ministry of Defence. If the accident occurred while you were off duty, we'll determine the party liable for your compensation during the claims process.
  
  The majority of military accidents do not happen in combat. Where injuries are sustained in combat, the MoD may be able to use the defence of “combat immunity”. Combat immunity essentially provides the MoD with a defence if your injury was sustained at time when engaged with an enemy. However, even in these situations, if negligence was partly or fully to blame for your injuries, you may still have a legal claim.
  
  If you’re unsure whether you can make a legal claim, please call our military experts on 0800 022 3321 for a free consultation.
- What's The Armed Forces Compensation Scheme?
- The Armed Forces Compensation Scheme (AFCS) is a government scheme that provides compensation for off-duty accidents, 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.
  - 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

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Frequently Asked Questions

Who Can Claim Compensation For An Off-Duty Accident?

What If My Accident Happened While I Was On Leave Abroad?

Can I Claim If I Was Assaulted Abroad?

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Off Duty Accident Claims

Call our experts FREE on:

Frequently Asked Questions

Who Can Claim Compensation For An Off-Duty Accident?

What If My Accident Happened While I Was On Leave Abroad?

Can I Claim If I Was Assaulted Abroad?

Related Information - Off Duty Accident Claims

About Irwin Mitchell

Contact Us

Get a call back

Request A Callback