A guide to legal support for military veterans 

by Thompsons Solicitors on June 19, 2018

The consequences of a military injury can be severe and, in some cases, life-changing. Starting a claim can feel daunting and it is not always clear whether you are entitled to claim compensation for the injuries you have sustained.

Our short guide aims to make the process less stressful and answer some of the questions you may have following a military injury.

What is a military injury? 

A military injury can include any injury suffered during the course of your service with the British Army, the Royal Navy or the Royal Air Force (including any reserve force).

Examples of typical military injuries include training accidents, road traffic accidents, non-freezing cold injuries, negligent discharge of fire arms, exposure to harmful substances and accidents due to faulty equipment.

How do I know if I can make a military injury claim? 

If a member of the armed forces is injured during their time in the service, then they may be entitled to make a claim against the Ministry of Defence.

Serving in the armed forces obviously provides exposure to much higher risk environments with an increased risk of injury. However, this does not mean that you cannot receive compensation for injuries if they are caused by someone else’s fault (known as negligence).

If you followed all safety regulations and instructions, and sustained an injury that was not your fault, then you may be able to claim compensation, providing it was not in an exclusively combat role

Is making a military injury expensive? 

There are options available for funding a personal injury claim – the most common is making a claim on a ‘no win, no fee’ basis, where the costs are capped and if you lose, you don’t have to pay anything.

Is there a difference between making a claim under Armed Forces Compensation Scheme and a military accident claim? 

A military injury claim is made in the same way as an accident at work claim. We look at the facts and assess whether the Ministry of Defence was at fault for your injuries.

The Armed Forces Compensation Scheme is a ‘non-fault’ system and pays compensation principally on a tariff system providing you have been injured as a result of your military service.

Can I get both an Armed Forces Compensation Scheme payment and make a military accident claim?

It is often advisable to start both a claim under the Armed Forces Compensation Scheme and a military accident claim at first. However, you can’t be compensated twice for the same injuries and will have to give any credit in a civil claim for any compensation received from the Armed Forces Compensation Scheme.

How much compensation could I get? 

The level of compensation will depend on the injuries you sustained. Service people with serious and life changing injuries, such as amputation, can expect more compensation than, for example, those with cuts and broken bones.

I have been or will be discharged from Service because of my injuries, can I claim additional compensation?

If you are successful in proving the Ministry of Defence was at fault for your injuries then within a civil claim the loss of past and future earnings can be claimed, as well as loss of military benefits and pension. These often involve complex calculations as we will look into the future to estimate how your military career would have likely progressed, factoring in promotions. You will then have to give credit for any alternative employment which you are now able to undertake.

The Armed Forces Compensation Scheme also allows for a Guaranteed Income Payment to be made in cases of more serious injuries which provides a monthly sum to reflect loss of earnings.

About Thompsons:

Thompsons Solicitors has significant expertise in handling military injury claims and securing compensation for those injured during the course of military service. Our team of military law specialists have an in-depth understanding the impact of military injuries have on the lives of active servicemen and women, and veterans.

If you have suffered a military injury that wasn’t your fault, contact the experts at Thompsons to find out if you are eligible to claim.

Thompsons Solicitors

Thompsons Solicitors

Thompsons Solicitor works solely for the injured and mistreated - never for insurers or employers #StandingUpForYou
Thompsons Solicitors
Thompsons Solicitors

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