Frequently Asked Questions

Q: Under what circumstances can I pursue a claim for compensation against any of the Armed Forces?

Q: Do I still have to be in the Armed Forces to pursue a claim?

Q: How soon after an accident must a claim for compensation be issued?

Q: How will I pay for my claim?

Q: Can I receive treatment/ rehabilitation to help me recover from my accident?

Q: Under what circumstances can I pursue a claim for compensation against any of the Armed Forces?
A: Since the Crown Proceedings (Armed Forces) Act 1987 was introduced, serving or retired military personnel are permitted to bring claims against the MoD for personal injury.  The MoD will be liable to pay compensation if their negligence or breach of a statutory duty caused injury.  The MOD now has many of the same general health and safety responsibilities as an ordinary civilian employer.

Q: Do I still have to be in the Armed Forces to pursue a claim?
A: No. Many claims are started after a person has left the Armed services

Q: How soon after an accident must a claim for compensation be issued?
A: Any court proceedings must be issued within 3 years from the date of the incident or the date you first became aware you had been injured. If a family member is injured and under 18 at the time, they have until their 21st birthday to claim. However, it is advisable to start your claim as soon after the event as possible in order help with any evidence gathering, as events will be fresh in the minds of witnesses and documents and other evidence will be more readily available at an early stage.

Q: How will I pay for my claim?
A: Your Solicitor will discuss with you the various alternatives available and help you decided on what will be the most appropriate for your personal circumstances. These include:

• A conditional fee agreement with the Solicitor (also known as 'no-win, no-fee)
• Using a Legal Expenses policy that you may have access to via your car or house insurance
• Legal Aid - only available under specific and rare circumstances   

If you would like to discuss any of these prior to making a claim, please call the BAFF advice team on 0800 916 9037

Please also note that when you use BAFF Claimline, your Solicitor has agreed with BAFF to ensure that if your claim is successful, no deductions will be taken from your compensation to pay for any legal costs.

Q: Can I receive treatment/ rehabilitation to help me recover from my accident?
A: Yes. Your claim for compensation can include the cost of any treatment or rehabilitation you may need in order for you to make as complete a recovery a possible.

In cases where the person has suffered very severe injuries, the cost of care and full time assistance will also be included in any award for compensation.

FOR NON-MILITARY CLAIMS

Q: Whom will I make my claim against?
A: The individual or organisation responsible for the accident and your injuries

Q: Who will pay the cost of my compensation?
A: It is usually the insurance company of the responsible party

Q: How will I pay for my claim?
A: Non- Military and Military claims are paid for in the same way (see above). Your Solicitor will advise you of the most suitable method for you but it can include:

• A conditional fee (or 'no-win, no fee') agreement
• The use of a Legal Expenses policy
• Legal Aid

Q: Is treatment/ rehabilitation available and will the costs of this be paid?
A: If your claim is successful, then you should receive back any money that you have had to pay for treatment. Increasingly, Insurance companies are prepared to pay for treatment up front as they realise the importance rehabilitation can play in an individual’s complete recovery.

Q: What should I do next?
A: If you have any queries about the service, or you wish to find out if you have a claim please call BAFF Claimline on freephone 0800 916 9037