Military Injury Compensation Claim Lawyers & Solicitors

Our military compensation claims lawyers deal with damages awards for personnel in the Army, Navy and Air Force. Whilst the Ministry of Defence (MOD) are not liable to pay compensation for injuries incurred in active combat they do have a legal duty of care for their employees health & safety in normal work situations that do not involve combat. The MOD in common with all other employers in the UK must provide a safe system of work and a safe working environment which includes suitable premises, well maintained equipment, competent co-workers, adequate safety equipment, training and supervision. The MOD has a legal duty to carry out a risk assessment for any procedure that may be hazardous and to put measures in place that will reduce any risk of danger to an acceptable level. Furthermore they are expected to mechanise all procedures that previously had a manual handling risk. Military personnel are more likely to encounter hazardous conditions including jungle warfare training and chemical warfare however in all cases, especially where there is enhanced danger, it is a legal priority for the MOD to take care of the health & safety of employees. Failure to take proper care will ensure the success of a military compensation claim for damages for personal injury against the Ministry of Defence.

SOLICITORS HELPLINE 0844 332 0712

Claim Types

Investigating military compensation claims can be a specialist task and your choice of solicitor may be critical to your chances of success. Our military compensation claims lawyers deal with awards of damages in the following areas for incidents that occur whilst on duty or off duty :-

• accidents at work
• occupational illness & diseases
• road traffic accidents
• medical negligence
• criminal injury compensation
• private security claims

SOLICITORS HELPLINE 0844 332 0712

Negligence Compensation

A military compensation claim for personal injury caused by negligence can result in a complex legal action for damages. It is important for the injured individual to be represented by solicitors who are experienced in this branch of the law to ensure that victims and their dependents receive the compensation to which they are entitled. Our lawyers specialise in personal injury claims and they are all members of the Solicitors Regulation Authority panel of personal injury experts.

Being involved in an accident may result in you suffering both physical injury and psychological trauma. Even if you don’t receive any physical injury you can still suffer from shock, stress, depression and mental illness as a consequence of another persons negligence which can be included in a military compensation claim.

The incident that causes a personal injury is often both physically and psychologically traumatising for those involved and can affect a person’s functioning and physical abilities far into the future. If you have been an innocent victim, you are legally entitled to financial compensation which for the sake of convenience is divided into two main categories :-

1. Compensation that can be calculated mathematically with a high degree of accuracy and doesn’t need the intervention of assessment by a judge includes :-

   • loss of wages – past & future
   • cost of care & assistance
   • therapy & equipment
   • adapted accommodation
   • adapted transport
   • general out of pocket expenses

2. Compensation that cannot be calculated on an exact basis which may need the intervention of a judge for assessment based on government guidelines, previously decided cases and the judges personal experience includes damages for pain & suffering, lifestyle changes and loss of congenial employment. Damages for pain and suffering cover both physical injury and psychological trauma.

SOLICITORS HELPLINE 0844 332 0712

Evidence

To maximise the damages that are payable our military compensation claims lawyers will request detailed information to ensure that you are able to prove the circumstances of the incident that caused injury and that you are able to show the full extent of your injuries. As a starting point it may be useful to collect the following information for submission to our military compensation claims solicitors at an early stage :-

• full & detailed written personal statement
• witness details including name address & phone numbers
• photographs of the location & injury where appropriate
• copies of any supporting documentation
• full record of postings and residential locations
• information about similar incidents or illnesses to other personnel
• preserved physical evidence
• record of all hazardous & risky work or experiences
• record objections to hazardous procedures

SOLICITORS HELPLINE 0844 332 0712

Time Limits

Military compensation claims for personal injury must be either settled or a summons must have been issued in a court of law within 3 years of the date upon which the injury was incurred. Unless one of the exceptions outlined below applies, this time limitation means that military compensation claims are time barred if they are not brought within three years of the incident that caused the injury. The are four general exceptions to this rule as follows :-

1. If the injured person is under the age of 18 at the time of the negligent action that caused the injury then the 3 year period does not begin to run until their 18th birthday, expiring on the eve of the 21st birthday

2. The 3 year period never begins to run in cases where the injured person suffers from mental incapacity which means that a personal injury claim can be brought at any time during that person’s life. If mental capacity returns then the 3 year period then time will start to run.

3. The 3 year period does not begin to run until the date when the injury was discovered, which in certain circumstances means that the period may not start running until many years after the act of negligence that caused the injury.

4. The courts are given wide discretion to extend or alter the time period in exceptional circumstances. It is rare, however, for a judge to do son and this discretion cannot be relied on to rescue a time barred claim.

SOLICITORS HELPLINE 0844 332 0712

Criminal Injuries Compensation

UK Incidents

Military personnel who are the victims of criminal assault on mainland UK are entitled to make a claim for compensation to the Criminal Injuries Compensation Authority (CICA) with a similar scheme operating in Northern Ireland. The criteria for clains is straight forward however incidents of violence must be reported ass soon as possible and a claim must be made within two years. The CICA consider the victims record of criminal convictions and their behaviour before during and after the assault in determining the amount of the compensation award.

Overseas Incidents

The MOD operates the Criminal Injuries Compensation (Overseas) Scheme for military personnel and their accompanying eligible dependants. Compensation is not payable where death or injury results from war operations or military activity by warring factions. Awards broadly mirror those made by the mainland UK Criminal Injuries Compensation Authority.

SOLICITORS HELPLINE 0844 332 0712

No Win No Fee

Our military compensation claim solicitors work on a strictly no win no fee basis. We pay compensation in full with no deductions. You do not have to fund or finance your claim in any respect. No expenses, no medical record disbursements, no legal charges, no medical report costs, no court fees – absolutely guaranteed. Risk free - Win or lose no Charge – Compensation paid in full.

• Military Injury
• Claim Types
• Negligence
• Evidence
• Time Limits
• Criminal Injuries
• No Win No Fee