- Military Law
- Sexual Abuse Claim
- Wills and Probate
- Spinal Injury Claims
- Combat Immunity & Duty of Care
- Armed Forces Compensation Scheme
- Deafness or Hearing Loss Claims
- Training Accident Claims
- Disease Claims
- PTSD Claims
- Misdiagnosed PTSD Claims
- Combat Accident Claims
- Non Freezing Cold Injuries
- Injury and Accidents
- Lariam (Anti-Malaria Drug) Claim
Combat Accident Claims
The military experts at DPP Law can provide valuable assistance for any army injury compensation claims.
Our solicitors know that going through the claims process following an injury or bereavement can be upsetting, so we will handle your case with the utmost care and sensitivity throughout, always ensuring that you have all the support you need. Contact us now for further information.
Due to the nature of their job, armed forces personnel are unfortunately more likely to be injured than civilians.
To ensure that they are as safe as possible, the Ministry of Defence (MoD), is required to uphold a duty of care. This is applicable to employees of the UK army, navy, RAF and Special Forces.
It is also relevant to family members or loved ones claiming on their behalf, as well as reservists and veterans.
Injuries occurring during combat are subject to the doctrine of combat immunity. Under this legislation, it is ruled that any injuries caused by mistakes in the heat of battle do not qualify for compensation. Nor do those inflicted by enemy fire.
However, this does not apply to injuries caused by Health and Safety failures. If maintenance problems, poor training or incorrect equipment caused your injury or an injury suffered by a loved one, you could make a military accident claim.
How our army legal services solicitors can help you
DPP Law has helped many clients to bring a successful claim against the Ministry of Defence.
We have experience of handling cases involving military combat accidents. We understand that making a claim of this kind can be emotionally difficult, which is why we handle all cases with great sensitivity and provide support throughout the process.
All information provided will be completely confidential. We will make your position and your options clear throughout the process to keep everything as easy and stress-free as possible.
Remember, you are entitled to claim compensation for an employer’s failure to take your health and safety into account. Your claim should never affect your future career in the military.
You may be able to make a claim if you can prove that:
- You were not properly trained at the time of your injury
- You were given inadequate equipment
- Your equipment or protective gear were not functioning properly
- The relevant systems or methods of operation were not reliable
In certain circumstances, the Human Rights Act and Employers Liability (Defective Equipment) Act may apply to your case. We can utilise these pieces of legislation to further prove the MoD’s liability.
We can help you to collect evidence revealing any of the above shortcomings. We will represent you at any hearings, and will help you to appeal any decisions you consider incorrect. If necessary, we will help you take your case all the way to the Supreme Court.
Alongside this, our military injury solicitors can advise individuals on:
- Deafness or hearing loss claims
- Lariam (anti-malaria drug) claim
- Wills & probate
- Sexual abuse claims
- Combat immunity & duty of care
- Spinal injury claims
- Non freezing cold injury claims
- Misdiagnosed PTSD claims
- Disease claims
- PTSD claims
- Injury and accidents
- Training accidents
We can also provide guidance on:
- The Armed Forces Compensation Scheme (AFCS)
- The Crown Proceedings (Armed Forces) Act 1987
- The Doctrine of Combat Immunity
- The Human Rights Act
Frequently Asked Questions
What if I can’t claim because of Combat Immunity?
If it is clear that your claim will be rejected under the doctrine of combat immunity, you may still be able to claim under the AFCS.
Can I make a claim under the Armed Forces Compensation Scheme?
If you have been injured in combat, it is likely that you will be able to make a claim under the Armed Forces Compensation Scheme. This is because – unlike in a civil personal injury claim – you are not required to prove blame when applying for this type of compensation.
However, AFCS claims can be complex. It is a good idea to consult military law specialists before beginning your application.
Are there time limits for making a claim?
If you intend to make a civil personal injury claim, the time limit is 3 years from the date of your injury. There are a few rare exceptions to this rule, but they occur on a case by case basis. Consult your legal adviser to find out whether you might qualify for an extension.
The Armed Forces Compensation Scheme will accept cases up to 7 years after the initial date of the injury.
How much compensation will I get?
The AFCS awards compensation on a tariff-based scheme. Usually, using this process, you may receive between £1,236 and £650,000.
Depending on the impact of your injury on your work and day to day life, you may also be eligible for GIPs (Guaranteed Income Payments). These will be awarded monthly and will cover any loss of income – including bonuses and pensions – resulting from your injury.
Payouts from a civil personal injury claim tend to be calculated according to the level of loss or damage you have suffered. They may also take into account emotional trauma.
How do I challenge an Armed Forces Compensation Scheme decision?
If you feel you have been wrongly denied compensation, or that you have received the wrong amount, you may appeal. To do this, you must make contact with Veterans UK within 12 months of the initial decision. This can be done either via an appeal form or in writing.
Letters should be sent to: Veterans UK, Norcross, Thornton Cleveleys, Lancashire, FY5 3WP.
You should include:
- Your name and address
- The address at which you would like to receive future correspondence
- The name and address of your legal representative
- Information about the initial decision, including what it involved and its date
- Why you believe it was incorrect
- Evidence supporting your argument – this may include details of your injury that you have not yet provided
- Your signature and the date of writing
To ensure that your appeal is successful, you should seek legal help before sending this communication.
The military law specialists at DPP Law will help you navigate the complex and sometimes stressful process of making a claim against the MoD.
We will provide you with valuable support and advice from the beginning of your claim to the outcome, and can also help you to appeal a decision.