We often receive enquiries from Armed Forces personnel regarding injuries sustained in service. The enquiry starts “my war pension isn’t enough”, “AFCS appeal failed”, “AFCS didn’t consider the fact I can no longer work”.
The MOD has its own schemes which may provide compensation regardless of fault where illness, injury or death has arisen as a result of service.
In addition to the MOD schemes, injured personnel may also pursue a claim for compensation through the courts. This is often not explained to injured personnel when they are serving.
Civil Personal Injury Claim
This is a claim for damages pursued through the courts, although in most cases it is not necessary to attend Court.
A claim through the Courts must be made within 3 years of your injury.
To be successful, it is necessary to show that someone was at fault. A lawyer will advise whether there is enough evidence to prove this. Any claim will be against the MOD and not the individuals who may have been involved in your accident.
Compensation is often higher than through War Pension or Armed Forces Compensation Scheme. This is because the Court will take account of individual circumstances and not simply apply a tariff. There may also be financial losses that cannot be recovered under WP or AFCS but can in a claim for damages such as future loss of earnings.
The MOD have a shield from liability known as combat immunity. This means that decisions made in the heat of battle or under fire are protected from liability for negligence. However, this does not include decisions made higher up the chain in respect of procurement or training. If you’re in any doubt whether the cause of your injury falls under combat immunity seek legal advice as soon as possible.
Frequently asked questions
Wolferstans Solicitors have experience in injury claims against the MOD, are members of Forces Law and attend APIL Military conferences on an annual basis.
For advice, please contact: