Armed Forces Compensation Scheme v Personal Injury Claim

Armed Forces Compensation Scheme v Personal Injury Claim

If your career in the Armed Forces is cut short because of injury, undoubtedly you will want to be compensated for the things you have lost and will continue to lose in the future.

Armed Forces Compensation Scheme and Personal Injury Claims may be possible ways of receiving injury compensation for those that serve, but they are very different.

Wolferstans have acted for a number of clients who have received modest awards through the Armed Forces Compensation Scheme but have then gone on to receive substantial damages through a personal injury claim. You should consider both options.

AFCS will only compensate for injuries which are related to service. The compensation is only for the injury and does not take into consideration any losses which may be incurred. A claim under AFCS can be made in conjunction with a personal injury claim.

Personal Injury claims can take into consideration not only the injury sustained but also past and future losses. What does that mean?

The injury may be compensated by a lump sum award of damages. This is decided by reference to previous case law. In addition, in a personal injury claim you can also claim financial losses. These are losses which can include:

  • Loss of income;
  • Loss of specialist pay;
  • Parking tickets for medical appointments;
  • Specialist aids and clothing;
  • Over the counter medication;
  • Private physiotherapy;
  • Gratuitous care provided by family and friends;
  • Payments made for services you’re no longer able to do such as cleaning, DIY and gardening;
  • Future loss of income including promotions;
  • Loss of future pension;
  • Future care needs;
  • Housing adaptions; and,
  • Prescription charges.

The above list is not exhaustive and in some instances a claim may also include dental costs and gym memberships – both free whilst serving.

Whatever the injury or how it happened, it is always worth taking legal advice to find out whether you may be entitled to compensation.

There are strict time limits to making a personal injury claim and you can seek legal advice whilst still serving. Waiting until you have been discharged or waiting until you receive a decision from Veterans UK about an AFCS claim, can mean any potential personal injury claim is time barred.

We offer “No Win, No Fee” claims, meaning there is usually no upfront cost or financial risk for starting a claim. We offer free initial consultation, so we can talk through your situation with you and give clear, practical advice about whether we believe your claim merits further investigation and how the claims process works.

    Get in touch to discuss how we can help you.





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