Simon Quinn, Partner and Head of Military at Hilary Meredith Solicitors, discusses the legal options.
Since 1987, the UK's Armed Forces service personnel and veterans have had the right to seek compensation from the Ministry of Defence (MoD) through civil claims for compensation if they have been injured as a result of the MoD's negligence.
Injured Military service personnel CAN and should claim against the Ministry of Defence whilst still in service and we have reassurance that this will not affect their Armed Forces career:
“The military careers of Armed Forces personnel who claim under the Armed Forces Compensation Scheme or through the Court should not suffer as a result of that claim.” Baroness Taylor.
The Total payments by the MOD for compensation claims and associated costs in the Financial Year (FY) 2022/23 (not including those arising out of contract disputes) were around £160M, including claimants’ legal costs. This is exclusive of MOD legal costs and staff costs. The total number of new claims brought against MOD in the FY 2022/23 was 6,897 which represents a 20.7% increase on FY 2021/22:
Some common scenarios where military service personnel/veterans in the UK, or their next of kin/families (following a death) may be able to pursue civil claims for compensation against the MoD include:
(i) Accidents and Incidents as a result of military service e.g. training accidents, vehicle accidents or incidents involving defective equipment;
(ii) Failure to provide sufficient gear or equipment, clothing or PPE, which caused an injury such as a Non Freezing Cold Injury (NFCI) or hearing loss (NIHL) or worsened an existing condition;
(iii) Inadequate Training e.g. exposure to unnecessary risks during training exercises, resulting in harm or injury such as heat injuries;
(iv) Assault(s), Sexual assault(s), bullying or harassment by MoD colleagues or supervisors;
(v) Post-Traumatic Stress Disorder (PTSD) e.g. Military service personnel and veterans who developed PTSD or other mental health, psychiatric or psychological conditions as a result of their service and/or the MoD's negligence;
(vi) Clinical or Medical Negligence e.g. Military service personnel and veterans who received inadequate medical care or treatment for injuries, illnesses, or mental health conditions.
In addition to a civil claim for compensation Military service personnel and veterans may be able to make a claim under the non-fault Armed Forces Compensation Scheme (AFCS) which covers all regular and reserve personnel whose injury, ill health or death was caused by service on or after the 6th April 2005.
Military claims can be complex to deal with especially for any Solicitors without the requisite specialist knowledge in this area. There really is no substitute for experience when dealing with military cases and with over 37 years of experience fighting for the rights of serving personnel, their families and veterans Hilary Meredith Solicitors has the experience that counts.
Hilary Meredith Solicitors are Lexcel accredited; a member of the Royal British Legion Solicitors Group and have recovered hundreds of millions of pounds in compensation for our clients. We regularly achieve six figure settlements in most Military cases involving loss of service career as a result of injury, and regularly achieve seven or eight figure settlements for other seriously injured Military claimants. We expedite our injured Military Claimant’s cases and arrange rehabilitation from the outset/earliest opportunity for those who require it.
For Military personal injury cases already underway with other Solicitors we offer a free no obligation review/2nd opinion.
Don’t delay, contact Hilary Meredith Solicitors today!