Military Injury Solicitors

Can I make a military injury claim?

In the UK, military service personnel have the right to claim for damages against the MoD if they believe their injury was due to military negligence.

If injuries occur in unsafe work practices, as with any employer, you have the right to pursue damages to cover any losses from an injury that wasn’t your fault.

About military accidents

Accidents that can happen as a result of military negligence include:

• Vehicle collisions
• Heat or cold injuries
• Accidents on a military base
• Exposure to harmful substances
• Equipment failure
• Combat stress
• Medical negligence

If you have been involved in a military accident, you might have sustained a serious injury. You may be wondering if there is an avenue for compensation—after all, you fully understood the risks of military life when you signed up.

However, you still have the right to pursue a claim if the accident occurred because of your employer’s negligence. Military Injury Claims allow former or current military personnel to seek compensation for any injury sustained while serving.

Injured service members and their dependents are entitled by law to seek compensation for death or injury resulting from negligence or breach of statutory duty during their service. This provision ensures that they can pursue fair compensation for their losses in a civil claim.

What can I claim for?

Military accidents are often serious and result in life-changing injuries which can affect you physically, emotionally and financially. In addition to claiming damages for pain and suffering from the injury itself, you can claim compensation to help you with different expenses, including:

• Private medical care
• Rehabilitation
• Counselling
• Travel expenses to and from medical appointments
•  Adaptations to your home

What type of injuries can I claim for?

Common afflictions sustained by military personnel include:

Trench foot

Trench foot is considered one of the most common issues afflicting military employees. Long-term exposure to cold and wet can, over time, cause temporary or permanent swelling and/or pain to hands and feet.

Hearing loss

Sustained exposure to heightened noise levels from gunfire, explosions, equipment or aircraft can cause hearing damage over time.

PTSD

You may wonder if you can claim for post-traumatic stress disorder (PTSD). Combat immunity covers the defendant’s favour if PTSD is sustained as a consequence of being on the battlefield. But if there is proof that the MoD provided inadequate aftercare or sent the individual back to combat too early when there was a clear case of PTSD, then a claim may be successful.

If you’ve suffered an injury while serving, your health may be affected long-term. At PSR Solicitors, we’ll also help you access the best care possible to aid your rehabilitation and recovery.

Is there a time limit for claiming military injury compensation?

You have three years from the date of the injury to submit your claim. There may be exceptions if you only discover the injury or issue later; this means you have three years from the date of discovery or medical diagnosis.

Don’t think you have to wait until you’ve left military service to start your civil claim if you believe your injuries were due to military negligence. Because of the time limits around the claim, injured service personnel must seek legal advice immediately. If you wait too long, you may run out of time to claim.

What is the Armed Forces Compensation Scheme?

AFCS was set up by the government to allow current and former military servicemen, servicewomen and their dependents access to compensation if they have suffered injury, illness or death due to military service.

The difference between a claim through the AFCS and a civil military injury claim (what we help you with) is to whom the claim is submitted; a military injury compensation claim is made through the civil courts, whereas the MoD manages an AFCS claim.

Another significant difference between the two types of Military Injury Claims is whether anyone is found at fault for your illness or injuries. The AFCS operates a ‘no fault’ system, while the civil claim is predicated on military negligence and finding the MoD responsible for your injury.

There are also differences in how compensation is awarded and how much you’re likely to receive. The AFCS is capped at £650,000, while a civil claim could attract a higher award. With a civil claim, you only have three years to start the claim. With the AFCS, you have seven years—you can progress both but cannot be compensated for the same injury twice. If you make a civil claim, you have to declare any compensation received from the AFCS, and this will be taken into account regarding how much you receive from your civil claim.

At PSR, we can advise if you have a claim worth pursuing and which avenue would suit your needs best.

How can our military injury solicitors help?

We understand that it may be daunting to consider claiming compensation for an injury you suffered while serving, but you are not alone. PSR solicitors’ friendly, experienced and highly qualified legal team are with you every step of the way. We have an impressive track record of securing the highest level of compensation for our clients because we only use specialist solicitors.

Working with our No Win No Fee Solicitors means you can pursue the compensation you deserve without the financial risk to you. Giving you peace of mind when you’re at your most vulnerable.

A successful compensation claim can help towards rehabilitation so you can move forward with confidence and take back control of your life.

How long will a personal injury claim take to process?

The time it takes to settle a personal injury claim will vary. There are three main things to consider: how quickly evidence can be gathered, whether the party responsible accepts blame and the specifics of your injury. For example, if the evidence is readily available and the other party admits fault, things can move faster. But if your injury is complex or severe, it might take longer to determine fair compensation. Every case is unique, and the timeline can differ.