Accidents & Injury

We specialise in acting for individuals who have suffered from accidents and injury. Our sympathetic and professional lawyers will pursue claims against the MoD and others, where negligence has caused injury to military personnel.

Military Personnel may be injured as a result of dangerous working practices or unsafe equipment, sometimes  even in training or by fellow members of the Armed Forces. Our expert solicitors are specialists in these areas, and able to offer advice and assistance when such difficulties arise. We seek to ensure that our clients are properly compensated and that they receive all necessary treatment and rehabilitation.

Examples of the types of claims that can be brought include:

• injury caused by unsafe or defective equipment;
• injury arising from unsafe or dangerous working practices;
• training and sports injuries;
• injury arising out of unsafe military premises;
• injury caused by a fellow member of the Armed Forces;
• claims for industrial disease such as illness caused by exposure to asbestos;
• accidents and illness abroad

We have experience of all types of injury claims from fatal accidents and catastrophic injury down to minor sprains or fractures. Our team of lawyers include specialist experts in certain injury types such as brain and head injuries, spinal injury and limb loss.

Claims against the MoD

Prior to 1987 it was not possible for military personnel to bring claims through the Courts against the Armed Forces for injuries sustained during their service. Fortunately these rules were changed in 1987 to permit claims against the Ministry of Defence.

Claims can now be brought for injuries suffered since 1987 where the MoD can be shown to be in breach of a duty of care owed to a member of the Armed Forces. Like an ordinary civilian employer, the MoD now owes many of the same general health and safety duties to serving members of the Armed Forces in thier work.

Examples of the types of claims that can be brought include injury caused by defective or unsafe equipment or premises, and accidents arising from unsafe or dangerous working practices and training. It can be possible to hold the MoD liable to pay damages for injury caused by a fellow member of the Armed Forces.

Injured During Combat

It is not generally possible to bring a claim through the courts against the MoD for injury suffered in combat. This is because of the defence of "combat immunity" which the MoD can rely upon. It is often necessary to look very closely at the factual circumstances of an accident to be clear whether or not an injury occured during an active operation or ongoing conflict to which this defence might apply.

However, military personnel injured or killed during combat may be able to bring a claim under the Armed Forces Compensation Scheme, which was introduced in April 2005. The scheme covers both combat injuries and injuries arising at other times during military service.

In a non-combat situation, where a member of the military is injured or killed as a result of a terrorist attack or some other form of violent crime, it may be possible to receive an award of compensation from the Criminal injury Compensation Authority. This is a publicly funded scheme that provides for compensation to be paid for injury and financial loss suffered through criminal and violent activity.

The Armed Forces Compensation Scheme

The Armed Forces Compensation Scheme is a no fault scheme for military personnel who suffer injury, ill health or death during military service. It is a government operated scheme for serving personnel and ex-service personnel who were injured on or after 6 April 2005. The sceme covers both combat injuries and injuries arising at other timesduring the course of military service.

In some circumstances, it can also be possible to make an application under this scheme and to bring a claim for damages against the Ministry of Defence. Specialist legal advice is recommended in these situations.

Ex-service personnel injured prior to 6 April 2005 may be eligible to receive payments under the War Pensions Scheme.

Time Limits

You should be aware that there are strict time limits for bringing all types of claims for compensation. To avoid any time limit problems affecting your entitlement, it is sensible to seek legal advice at the earliest possible stage.

Contact details

You can reach us 24 hours a day, 7 days a week, on 0800 916 9037 or via this website