Military Injury Claims Solicitors

What can I make a military injury compensation claim for?

You can make a military injury compensation claim for any injuries which happen because of negligence on the part of your commanding officers or the wider MoD.

Some of the type of military accident and injury claims we handle at Wolferstans include the following:

• Personal injuries
• Training injuries
• Injuries on operations or on an exercise
• Accidents at work
• Injuries caused by defective or inappropriate equipment
• Accidents involving heavy machinery or equipment
• Exposure to toxic substances without adequate PPE or other precautions in place
• Post-Traumatic Stress Disorder (PTSD)
• Medical negligence during treatment received while in the military
• Exposure to toxic substances
• Military hearing loss claims
• Road traffic accidents involving Armed Forces personnel
• Stress at work
• Bullying and assault
• Cold injuries, including Non-Freezing Cold Injury (NFCI)
• Heat injuries
• Hearing loss
• Head injuries
• Spinal injuries
• Failure to observe medical limitations
• Off duty accidents

In simple terms, if your injury happened as a direct consequence of the negligent way in which you were treated while serving in the armed forces then you could be eligible for compensation.

Any compensation awarded will reflect the physical and psychological pain and distress caused by your injuries, as well as reflecting the financial impact it has had.

This means that when we work on a military injury compensation claim for you we will seek compensation for loss of earnings which could include the following:

• Direct service earnings
• Benefits from being in service, such as Learning Credits and subsidised living quarters
• Pension contributions
• Resettlement grants
• Specialist pay and allowances

We have access to a wide range of medical and other experts, as well as Barristers, and we will be able to help you recover compensation for the injuries that you have suffered.

Thanks to our strong expertise in negotiating out-of-court settlements for military claims, it is rare that you will need to attend a court hearing, with most claims settled voluntarily by the MOD or other defendants.

We are familiar with the pay and pension structures that apply to Armed Forces personnel and the procedures for medical downgrade and discharge. This means we can make sure you always get the maximum possible support, no matter how complicated your circumstances.

When am I eligible to make a military injury compensation claim?

No matter what the circumstances are, you are eligible to make a military injury compensation claim as a current or former member of the armed forces as long as you meet the following criteria:

• The party in charge of you owed you a duty of care
• They failed in that duty of care and didn’t take reasonable steps to provide a safe working environment
• This failure led directly to the injury or illness you suffered
• You are making the claim within 3 years of sustaining the injury in question or becoming aware of the first symptoms of an illness. There is an exception to this 3 year time limit for hearing loss claims.

Can I make a no win no fee military injury compensation claim?

Yes, if you make a military injury compensation claim with Wolferstans then we will process the claim on a no win no fee basis. This means the following:

• We take no money from you up-front
• You don’t have to pay anything as we gather evidence, build your claim and negotiate with the MoD, up to and including representing you in court if needed
• We will only take a fee is your claim is successful and the compensation has been paid, and it will never be more than 25% of the money you get

If your claim is unsuccessful then fees such as the costs of the other party (the MoD in this case) will be covered by After the Event (AtE) insurance which we take out on your behalf

Our no win no fee approach means that you’ll never be out of pocket and can make a claim without wondering whether you can afford to do so. You can take on a body like the MoD without having to think about spiralling costs or fees, because there won’t be any.

How much compensation could I receive for a military accident?

The amount of compensation you receive if your military injury claim is successful will depend upon factors such as:

• The nature and severity of your injuries
• The physical and psychological pain and distress they have caused
• The prognosis for any expected recovery
• The degree to which your injuries stop you from living your life as you used to and doing things such as pursuing hobbies and interests

As well as compensating directly for the nature and impact of your injuries, a military injury claim will include amounts intended to cover the financial impact the injuries have had. This could include amounts for the following:

• Loss of earnings and benefits in kind because the injury stops you working as you used to
• Any money which you have to spend on medical treatment to deal with your injuries now and in the future
• Any money which you have to spend buying in care as a consequence of your injuries, now and in the future
• Any expenses directly linked to your injuries, such as having to adapt your home or vehicle or purchase specialised equipment

How long do I have to make a military injury compensation claim?

Claims made through AFCAS generally have a time limit of 7 years from the date on which the injury occurred or became apparent, although exceptions to this mean it’s always worth consulting an expert to confirm the position your claim is in.

For a civil compensation claim this time limit is only 3 years, which means that you have to start you claim within 3 years of:

• The date of the accident or incident which caused your illness or injury
• The date upon which you became aware of an illness or injury caused by negligence, or received a diagnosis

An exception to the 3 year limit applies to claims relating to hearing loss caused by negligence, which are often assessed on the basis of the date on which you first become aware that your hearing problems are linked to your military service.

The potential complexity of the rules on time limits mean that it’s always worth seeking expert input on the basis of your own specific circumstances.

Despite the statutory 3 year limit being in place we would always recommend starting a claim as soon as possible after being injured through negligence or becoming aware of the fact. The details of how you were injured will be clearer in your mind and the minds of any witnesses, and the sooner we start the claim, the sooner you’ll get any compensation you’re actually entitled to.

What does the military injury compensation claims process involve?

We understand how daunting it can seem to take on an organisation such as the MoD if you’ve been let down and left injured. We take on the stress and work of the process so that you’ve got the time and space to concentrate on making a recovery and coming to terms with what has happened.

We keep things simple by breaking the claims process down into a series of smaller, more manageable steps:

Contact us for a free, no obligation consultation. We’ll listen to the details of your case and if we think you have the grounds to claim compensation we’ll explain how the process works.

If you decide to make a military injury compensation claim we’ll start the process by pulling together your medical records and your military service records. These will help us to establish the nature and cause of your injury and the way in which it is linked to your military service.

We will also take a detailed statement from you explaining exactly how you were injured and detailing the full impact the injuries have had.

We’ll have your medical and service records reviewed by medical experts and experienced military injury solicitors. This will help us to establish the precise nature of your injuries, how they were brought about due to negligence and the amount of compensation we should be claiming for.

Other evidence we could gather to support your military injury compensation claim might include:

• Your own initial report of the accident which caused your injury
• Any available photographic or video evidence capturing your accident, the scene of the accident, any equipment involved and the nature of your injuries
• If possible we will gather statements from any personnel who witnessed the accident which led to your injury
• Documentation to highlight the financial impact your injury has had. This could include bank statements, bills and receipts.

We will contact the MoD notifying them that you are making a compensation claim. If the likely timescale of the claim makes it necessary we will negotiate interim payments to cover your on-going expenses.

If the MoD deny liability then we may have to start court proceedings to win compensation. If this happens we will be by your side throughout, offering support and presenting the facts of your claim in a clear and compelling manner.

How long do military injury claims take?

The more complex your case is, with particular reference to the nature of your injuries and the need to establish future care and treatment requirements – the longer the claim will take to settle. If your injury led to a discharge, for example, then your case could take up to 2 years to settle.

Cases which involve catastrophic injuries leading to life-changing disability are likely to take longer than this. If your case is complex and lengthy then we will apply for interim payments while we work on negotiating a fair final settlement.

Interim payments will help to ease the financial pressure of your injuries and can be used to pay toward medical treatments, care provision, retraining for a different career or simply the often tricky process of settling back into civilian life. Any interim payments you receive will then be deducted from the final amount of compensation paid.

Armed Forces Compensation Scheme (AFCS)

If your injury or illness was the result of, or was made worse by, something that occurred on or after 6 April 2005, you may be able to make a claim under the AFCS.

Key points to know about military personal injury claims:

• All personnel whether serving or veteran can claim under the AFCS
• It is not necessary to show that someone was at fault in order for compensation to be awarded.
• AFCS compensation payments can range from £1,236 to £650,000
• Your Armed Forces injury claim must usually be submitted within 7 years of the injury occurring
• Depending on the circumstances, you may also be able to make a civil claim at the same time

Can I still claim if I have received an AFSC payment?

Yes, you can still make a claim if you have received an AFCS payment. You can also make a claim if you have a claim being processed by the AFCS.

In either case you should start your civil claim for compensation as soon as possible, rather than waiting for the outcome of an AFCS claim. If you have already received an AFCS payment then the amount in question will simply be deducted from any compensation resulting from your military injury compensation claim.

Claims under the War Pension Scheme

If your claim relates to an incident that occurred before 6 April 2005, you will need to claim through the War Pension Scheme.

Key points to know about War Pension Scheme claims:

• All former service personnel can make a civil claim under the War Pension Scheme
• You do not need to show someone was at fault to be entitled to compensation
• You can receive a lump sum and/or an ongoing pension depending on the seriousness of your injuries
• There is no time limit to submit a claim
• Where eligible for the War Pension Scheme you will usually be outside of the time limit to make a civil claim, although there are some limited exceptions that may apply

Will making a claim harm my career in the armed forces?

No, making a claim for military injury compensation won’t harm your military career. It is illegal for personnel to be discriminated against in any way if the claim they are making is legitimate, and any compensation you are awarded will be paid by the MoD, and not directly from your unit.

Will I receive a pension if I make a military injury claim?

Yes, you will receive a pension if you make a military injury claim. Your military pension is an entirely separate matter, and will be paid whether you claim of not, and irrespective of the result of your claim.

If I’m not happy with my current solicitor, can I switch?

Yes, if you’re unhappy with the way your current solicitor is handling your military injury compensation claim you can switch to Wolferstans. Just contact us and we’ll explain how we take over the case and what the transition process involves.

Why should I choose Wolferstans for my military injury compensation claim?

We have a track record of handling complex cases and claiming for a wide range of injuries, and we know exactly what it takes to prove negligence when dealing with a body like the MoD.

We’re also well aware of just how much compensation you could be entitled to, and we pride ourselves on always negotiating for 100% of the money we think you deserve. If your claim is long and complex we’ll negotiate interim payments to relieve urgent financial or medical pressures, removing some of the stress from the claims process.

We understand that it can be devastating to find yourself injured after being let down by whatever branch of the armed services you represented, and we offer empathy and support alongside our legal expertise. Throughout the claims process we’ll be on hand to answer questions and explain how your claim is proceeding in a clear, accessible manner, without resorting to legal jargon or arcane technicalities.

We treat you like a person who’s been badly let down, not just another claim number and that includes working on a no win no fee basis, up to and including representing you in court. If you’ve been let down and left injured whilst serving in the armed forces you don’t simply have to accept it.

Contact us today to talk about making a military injury compensation claim and starting the process of getting your life back on track.