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01 overview

Military Injury Claims

Military injuries, both physical and psychological, are common due to the nature of the job. These can happen during combat, training, or regular duties and often have serious and life-altering consequences.

If you've been injured during military service due to negligence, lack of protection, or exposure to hazardous conditions, you may have a valid compensation claim. At Lawhive, our network of personal injury solicitors specialises in helping individuals like you seek compensation for physical and psychological injuries resulting from military service.

Our solicitors are committed to standing by your side, advocating for your rights, and holding those responsible for your injuries accountable.

To begin your claim, contact our Legal Assessment Team for a free case evaluation.

What is a military injury claim?

A military injury claim is a legal request for compensation made by a member of the armed forces who has suffered an injury or illness due to their service. It seeks to provide financial support to injured service members for their pain, suffering, and any financial losses resulting from the injury, such as medical expenses and loss of earnings.

These claims address injuries sustained during various military activities, such as training exercises and active duty. They can involve a wide range of injuries, from physical wounds like fractures and burns to psychological conditions like PTSD. Additionally, claims may cover conditions resulting from factors like faulty equipment, inadequate training, or negligence by military authorities.

Can I make a military injury claim?

You can make a military injury claim if you meet the following criteria:

  • Your injury or illness is linked to your military service. This means it happened during training, active duty, or other military activities.
  • You have proof that you were injured or became ill.
  • Your injury was caused by negligence or fault on the part of the military, like faulty equipment, inadequate training, or unsafe conditions.

Not all injuries qualify for a military injury claim if they're considered part of the usual risks of military service or if they were sustained due to your own actions. However, if you've been injured and think you meet the criteria mentioned earlier for a military injury claim, contact us. We're here to help you understand your options for making a claim.

What types of injuries are covered in a military injury claim?

Military injury claims can cover injuries and conditions sustained during service. 

Physical Injuries

Fractures and Broken BonesInjuries resulting from training accidents, combat, or other physical activities.
Burns and ScaldsInjuries caused by fire, explosions, or hazardous materials.
Spinal InjuriesDamage to the spine due to heavy lifting, falls, or impacts.
Hearing LossHearing damage caused by exposure to loud noises such as gunfire or explosions.
Loss of LimbsAmputations resulting from combat injuries or severe accidents.
Traumatic Brain InjuriesHead injuries caused by impacts, blasts, or accidents.
Soft Tissue InjuriesStrains, sprains, and other injuries to muscles and ligaments.
Chemical ExposureIllnesses resulting from exposure to harmful chemicals or substances.
Respiratory ConditionsBreathing problems caused by inhaling hazardous substances or environments.

Psychological Injuries

Post-Traumatic Stress Disorder (PTSD)A mental health condition triggered by experiencing or witnessing traumatic events.
Depression and AnxietyMental health issues arising from the stresses and challenges of military service.
Adjustment DisordersDifficulty in adjusting to civilian life or coping with military-related experiences.
Traumatic GriefPsychological effects of losing comrades or experiencing loss during service.

Illnesses

Infectious DiseasesDiseases contracted during service, especially in foreign deployments where exposure to different pathogens is higher.
Chronic ConditionsLong-term illnesses that develop due to service conditions, such as respiratory diseases from prolonged exposure to dust or chemicals or skin cancer from exposure to sun. 

Other injuries may also be covered such as repetitive strain injuries, heatstroke, or hypothermia. 

To successfully claim compensation, you need to provide evidence linking these injuries to your military service and demonstrate that they were caused by negligence or failure on the part of the military.

A personal injury solicitor can help you do this and increase your chances of success in making a claim.

How do I make a military injury claim?

To begin a military injury claim, speak with a personal injury solicitor. They'll assess your situation to see if you have a valid claim. Sometimes, they may be able to offer a No Win No Fee arrangement, where you only pay if you win.

If you choose to proceed, your solicitor will help gather evidence and calculate the compensation you deserve based on your circumstances. They'll then send a formal claim letter to the Ministry of Defence.

If the Ministry of Defence admits fault, you'll receive the compensation. If they don't, your solicitor will start court proceedings. But just because proceedings start, it doesn't mean your claim will go to court.

Your solicitor will work to settle your claim before then, exploring all options. However, if your case does end up in court, they can represent you throughout the process.

What compensation can I get from a military injury claim?

Compensation from military injury claims varies depending on the extent and impact of your injuries. It's usually divided into different categories to cover different aspects of your injury:

  • General damages for pain, suffering, and loss of enjoyment of life.
  • Special damages for financial losses and expenses due to your injury, like lost earnings and adaptation expenses.
  • Future losses, such as reduced earning potential.

In the UK, the Armed Forces Compensation Scheme (AFCS) provides compensation for service-related injuries, illnesses, and death including lump sum payments for pain and suffering and regular payments for those with serious injuries affecting their ability to work.

If a service member dies because of service-related injuries, dependents may receive compensation, including bereavement damages and financial dependency claims.

How long do I have to file a military injury claim?

In the UK, you usually have three years to file a military injury claim. This period typically starts from when the injury happened. If you weren't immediately aware that your injury was linked to your service, the time starts when you became aware, or when you should have reasonably known.

Under the Armed Forces Compensation Scheme, you have seven years from the injury date to file a claim.

What are the challenges of making a military injury claim?

It can be tough to prove that your injury or illness was due to military service and negligence. This involves gathering medical records, incident reports, and witness statements.

Showing that military authorities were at fault and this caused your injury can be particularly hard, especially in high-risk environments.

However, should you instruct a solicitor, they can provide you with expert help in gathering medical records and other proof to support your military injury claim.

Can I appeal a military injury claim?

If your claim is rejected, or if you're unhappy with the compensation amount offered, you can request a reconsideration of the decision

If reconsideration doesn't work, you can appeal to the First-tier Tribunal (War Pensions and Armed Forces Compensation). This tribunal is independent and will review your case from scratch.

What is the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is a government program in the UK that compensates current and former military personnel who are injured or become ill due to their service.

All regular and reserve forces personnel, including the Royal Navy, British Army, Royal Air Force, and Royal Marines, can apply. The injury or illness must have occurred on or after 6 April 2005. For incidents before this date, claims go through the War Pension Scheme.

The scheme includes various injuries and conditions such as physical injuries (fractures, burns), mental health issues (PTSD, depression), and diseases contracted during service.

Types of compensation include:

  • A lump sum payment based on the severity of your injury, ranging from £1,236 to £650,000.
  • A tax-free monthly payment for life to help with lost earnings, based on factors like age and injury severity.

If you claim under this scheme, Veterans UK will assess your claim and may request more info or medical exams. You'll get a written decision on your claim and any compensation awarded.

How can Lawhive help?

If you've suffered an injury or illness because of military service, you deserve fair compensation. At Lawhive, our network of solicitors specialise in military injury claims and is committed to helping you navigate the complex legal process with ease and confidence.

Contact Lawhive today for a free consultation and let us help you secure the compensation you deserve. Our experienced team is here to support you every step of the way.

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