There is a longstanding myth that Armed Forces personnel and (WIS) veterans are unable to sue the Ministry of Defence for injuries caused due to negligence whilst serving in the Armed Forces.

Posted on September 2, 2015 in General

Ever since the enactment of the Crown Proceedings Act 1987 it has been possible to pursue a negligence claim against the Ministry of Defence in much the same way as against any other employer or treatment provider.

Whilst it is possible to obtain tariff based payments from the Armed Forces Compensation Scheme or War Pension Scheme, this does not prevent you from pursuing a civil claim against the MoD for personal injury or medical negligence and you may be awarded more by pursuing a civil claim.

If you suffer an injury whilst serving, you will be provided with medical treatment from the MoD, which are subject to the same duty of care as any other medical professional. Therefore, a claim for medical negligence can be brought if the level of care you received is below acceptable standards and you suffer harm as a result.

Our experience indicates that the vast majority of claims for damages are brought as a result of musculoskeletal injuries and the failure to diagnose and treat Post Traumatic Stress Disorder (PTSD) although claims are not confined to those types of injuries and may include brain and spinal injuries, amputations and fatal accidents.

As well as seeking compensation for the injury you have suffered, you can also seek loss of earnings including loss of promotion and pension entitlement, treatment costs, care and assistance, aids, equipment and adaptations to your home required as a result of your accident or negligent treatment. It is also important that appropriate rehabilitation is provided, especially once medically discharged.

Historically combat immunity has meant that compensation cannot be sought for injuries caused in the theatre of war. However, there have been a number of recent developments which mean that even in those circumstances there may be scope to pursue a claim against the Armed Forces.

If you would like to discuss the possibility of bringing a claim for compensation, you should not be concerned about when the injury occurred or the circumstances in which it was sustained. Our specialist solicitors will be able to advise you whether you are entitled to do so.

We understand the impact that being injured in the military has on Armed Forces personnel, veterans and their families, particularly if you have been medically discharged and are trying to cope in “civvistreet”. The team at Wolferstans includes veterans and other members of the Armed Forces community who understand the additional complexities of pursuing a military claim.

If you think you have a claim, or are unhappy with your existing solicitors, please contact our Armed Forces Community Team on 01752 292274 or email nmason@wolferstans.com for a free initial discussion with one of our military specialists.