Military Accident FAQ’s

Q: Is there a time limit for making a military accident claim?

A: There are strict time limits in place for making military accident claims and it is important to be aware of these. For a military accident claim, the victim has three years from the actual date of the injury to start a claim.

But, if the military personnel developed a disease such as mesothelioma or asbestosis, the claim can be started within three years of being diagnosed with the condition. These limits can be set aside in some exceptional cases.

If the injury was caused as a result of a criminal act or assault, then the victim has two years from the date of the injury. A criminal injury claim can be brought to the Criminal Injuries Compensation Authority, which is also known as CICA. A time limit of six years may exist for certain claims brought against the Ministry of Defence in respect of attacks and assaults committed by military service personnel.

Q: How long does a case normally take?

A: it is quite difficult to provide an answer to this question because there are complex technical issues involved in many of these cases. Military accident claims are quite difficult to win and for this reason, it may be important for you to seek legal advice from an experienced firm of solicitors who have dealt with similar types of cases. In addition, it may also be important to see the appropriate disclosure from the Ministry of Defence such as court martial transcripts and Boards of Inquiry reports.

When you seek advice from an experienced armed forces compensation claim solicitors, they will be able to help you with your case. With their legal expertise, skills and experience, they will be able to help you put up a claim against the MOD or whoever is responsible for your injuries.

Q: Do I get a 100% compensation guarantee?

A: It is likely that we will be able to help you put up a claim using our risk free No Win No Fee scheme. If this is done, then you will be able to recover 100% of the compensation award. This is the arrangement we use in most of the personal injury cases.

However, if your case is brought to the Criminal Injuries Compensation Authority, then a contingency fee arrangement may be used to fund your claim. In this case, we will take a fixed percentage from your compensation. But, this will be explained to you in advance and the percentage amount agreed with you before any deductions are made.

Q: Can a personal injury claim be brought under the Armed Forces Compensation Scheme?

A: This scheme provides benefits for injuries, illnesses and even death caused by service. But, it is important that any of the above mentioned occurred on or after the 6th of April, 2005. This is a no fault scheme and contrary to a civil claim, establishing breach of health and safety regulations or negligence on the part of the MOD is not necessary.

Q: Will I get dismissed from my post if I make a claim against the Ministry of Defence?

A: This is a major concern for almost every worker. Whether you are a service personnel or a factory worker, it is important to be aware of the fact that an employer cannot dismiss you on the grounds of making a compensation claim if you have been injured at the workplace. Even if you are currently employed by the MOD, you can make a claim against them. You must know that the MOD has insurance cover and making a claim would mean recovering compensation from their insurers.

Q: Will I lose my chance to be promoted if I have been recommended for promotion?

A: No you will not because it is against the law. The MOD has no rights to stop you from being promoted. If you make a claim against the MOD and lose your chance to be promoted, then we will investigate and find out if this can form a part of your compensation claim.

Q: Will I be able to claim compensation for the financial losses incurred as a result of the injury?

A: There are certain expenses for which you will be able to recover compensation. This includes medical expenses, cost of care, prescription costs and travelling expenses.

Q: does where I live matter?

No it does not because we have a nationwide network of solicitors who can assist you with your case. When you contact us, we will put you in touch with solicitors in your area. We will ensure that you have access to personal injury solicitors at all time.

Making A Military Accident Claim

If you have suffered injuries whilst serving in the armed forces, it is important that you seek legal advice. Our solicitors have the experience, skills and legal expertise to help you put up a military accident claim if the MOD is responsible for your injuries.

To speak to our solicitors, fill out our enquiry form and request a call back.