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Military Accident Compensation Claims

If you have suffered a personal injury in a military accident, or an industrial disease whilst a member of the armed forces, you may be able to claim compensation.  Contact The Legal Line now on 0800 032 8511 or by completing a claim enquiry form for specialist claim advice.

Types of Military Accident
Can I Hold the MoD Responsible?
How to Make a Military Injury Claim
Compensation
Specialist Military Accident Solicitors

Types of Military Accident

There are a variety of circumstances under which a military accident may occur.  Types of military injury include road accidents, industrial illnesses, accidents abroad, criminal injuries and employer liability claims.

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Can I Hold the MoD Responsible?

There is a law in place regarding accidents at work whilst serving in the armed forces, namely the Crown Proceedings Act.  This prevents personal injury claims arising from service prior to 1987 from being made.  As people suffering from asbestos related illnesses tend to develop symptoms many years after exposure, it is relevant to note this, as if the exposure was before 1987 a claim will not be possible.

If however you sustained a personal injury or industrial disease whilst working in military service after 1987, the normal rules and procedures for making a claim would apply.  As the Ministry of Defence are an employer, they are subject to the regulations that protect employees, contractors and visitors.  They must therefore be sure to provide a safe workplace, well maintained and suitable equipment and any necessary training and protective wear where required.

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How to Make a Military Injury Claim

In every military accident case, medical evidence will be required.  Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.

If the injury was sustained during active conflict, the process may be a little different.  In those cases where the incident occurred after 6th April 2005, it might be possible to pursue a claim under the no fault Armed Forces Compensation Scheme.  If it was before this date, a claim for a War Pension payment may be possible.  Either way, there are time limits imposed, making it necessary to act as quickly as possible.

In addition to a claim made using either of these schemes, it could also be possible to make a civil claim separately. 

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Compensation

There are two elements to a compensation award.  The first is for the pain and suffering you may have gone through and what is known as loss of amenity.  This is called general damages and reimburses you for any actual losses and can include an award for your inability to do things after the accident that you used to be able to do before, eg, wash your car, look after your garden, walk the dog, etc.  The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages.  It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed.  The aim is to put you back in a position financially as if the accident had never occurred.

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Specialist Military Accident Solicitors

The Legal Line has specialist personal injury lawyers with extensive experience in claims against the Ministry of Defence for military accidents.  They will be able to provide expert claim advice on whether a case can be pursued and on how best to do this.  Below you will find details of some of the many cases we have handled on behalf of military personnel injured in accidents:

• Our client suffered a military injury whilst serving in Iraq. He and his colleagues had been working at a prison site and were getting into their wagon at the end of the day. The driver failed to come and close the tailgate once they were inside so that they could leave. A colleague therefore got out to pass the tailgate up to our client, as they were blocking another vehicle. Unfortunately, the driver then started off suddenly, without any warning, and our client was thrown from the wagon onto the ground.

  He suffered a serious fracture to his dominant arm and required extensive hospital treatment, including operations to insert metalwork and place skin grafts. Despite undergoing rehabilitation there was some permanent restriction of movement and loss of strength in our client’s arm. He is also limited in the type of work he can now take on as a civilian, he has difficulty playing sports and exercising and there is a lot of visible scarring.

  Our lawyers have extensive experience in making compensation claims against the MoD and were able to recover a settlement of £85,000 in damages on his behalf. This took into account the personal injury he sustained and also other losses, such as his loss of earnings, reduced future earning capacity and loss of pension benefits.

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