Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.
At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI), this may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.
If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.
Please visit our No Win No Fee page for more information on how it works.
If you’ve sustained a heat injury while working in the military due to poor planning on the MoD’s part, you could be eligible to make a claim for compensation.
If you’ve had to seek medical treatment, been unable to work, or sustained long-term injuries, it’s likely that you could be entitled to claim. Also, if you’ve lost a loved one due to heat injury while working in the military, you could claim on their behalf.
Our solicitors can help you to find out if you’ve a claim by getting in touch to arrange a free initial consultation. Contact us today and we can set this us.
To make a compensation claim for a military injury or illness, the first thing you need to do is get in touch with us for a free initial consultation. We'll discuss the circumstances surrounding your accident or illness, advise you on whether or not we think you can claim, and whether you could benefit from a No Win No Fee* arrangement.
The claim will begin by sending a formal letter of claim to the Ministry of Defence. After this, the claim will usually follow the same four stages:
1.Investigation. We'll begin by determining the extent of your injuries, and the losses they may result in. This will involve obtaining copies of your military medical notes, and any civilian hospitals you've received treatment at. We'll also need a copy of your Armed Forces Compensation Scheme file, and your personnel file.
The MoD will undertake an investigation, which usually starts by contacting your unit to confirm details of your accident, and obtain any relevant paperwork. They may also speak to any of your colleagues who were present at the time of the accident, and can provide witness evidence.
2.Rehabilitation. If you have any medical care or support needs, we'll help you to access the necessary treatment and advice.
3.Compensation. We'll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you've had and your ability to get back to work. We'll put this amount to the MoD, and they can either accept liability or contest the claim.
4.Resolution. If the MoD accepts blame, you'll be awarded compensation. If not, court proceedings will begin.
We will try to settle your claim on the best terms, considering options in addition to bringing court proceedings. The MoD should also do the same, as they are obliged to as a branch of government.
Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court take over the management of you case, setting strict timetables for the exchange of documents, witness evidence and expert reports. If you do have to go to court, we'll be there to support you every step of the way.
If you have any questions about the claims process, please contact us today on 0800 022 3321 for your free initial consultation.
To start your claim for a military heat injury, get in touch with us. We’ll set up a free initial consultation where you can tell us about what happened to you. We’ll let you know if we think you’re entitled to compensation and advise you on how you can fund your claim.
You’re under no obligation to go any further than this initial consultation, but if you decide to pursue your claim with us, we’ll start work straight away. The first thing we’ll do is gather evidence to support your claim. We can use a range of evidence, including:
- Medical records
- Witness statements
- Independent medical expert opinions
- Receipts to show expenses
- Photographic and/or video evidence.
We’ll then contact the MoD to tell them we’ll be claiming against them. How the claim progresses from there depends on whether the MoD accepts fault. If they do accept fault, we’ll be able to settle your compensation claim much faster.
However, if they won’t admit your heat injury was their fault, then we’ll have to prove it. This may involve starting court proceedings, which means your claim is likely to take longer. We may also need to initiate court proceedings if the MoD disagrees with how much compensation we feel you need.
In some circumstances, it may be in your best interest for us to take your claim to court so we can get you the best settlement. If you do need to go to court, we’ll do everything to prepare you for this. Many claims can still be settled out of court even if trial dates have been set.
No matter how long your claim takes, we’ll be by your side, not resting until we’ve secured you every penny you’re entitled to. We’ll always act on your instructions and make sure you’re fully informed throughout the claim.
No. The MoD understands that they ask service personnel to do a difficult job in dangerous situations – and unfortunately accidents do happen. They recognise and respect the individual's right to bring a legal claim for injuries. Claiming won't affect your entitlement to a pension, either.
The Ministry of Defence should not discriminate against personnel who bring compensation claims after an injury. If you're planning on continuing your service career after your claim, then there are very strict rules about discriminating against someone on this basis.
We’ll need more information about the details of how you developed heat injury before we can tell you how much your claim could be worth.
Compensation is calculated to consider your current and long-term needs, including:
- Your pain and suffering
- Loss of earnings
- Any specialist treatment or medical equipment you need
- Modifications you need making to your home or vehicle
- Expenses you’ve incurred because of your injuries
- Any treatment or care you’ll need in the future.
Get in touch with our expert solicitors today to arrange a free initial consultation. They’ll be able to put a value on your claim once they’ve learnt more about the circumstances.
The Armed Forces Compensation Scheme (AFCS) is a government scheme that provides compensation for injury, illness and death caused by service on or after 6 April 2005.
Unlike a legal claim, the AFCS does not require you to establish that anybody else was at fault. This means that you could be able to claim under the AFCS in circumstances where there is no legal claim.
However, the AFCS is a tariff based system – it does not look at the way your injury will affect you as an individual, or what financial losses you will actually incur. For this reason legal claims made through the courts will almost always result in significantly more compensation than claims made through the AFCS.
It's accepted that members of the armed forces have no choice where they're deployed, or in the activities they're required to undertake. This means that compensation could be paid from the scheme for injuries caused in a number of ways, including those that occur during:
- Operations
- Training
- Service-approved sports
- Exercise to maintain military fitness
Both regular and reserve forces can apply for compensation through the AFCS, whether you're still serving or a veteran.
Compensation is paid as a lump sum on a tariff-based system determined by the severity of your injuries, and can range from a minimum of £1,200 to a maximum award of £570,000. You could claim through the AFCS as well as claiming through the courts.
You can find out more about the AFCS here, or alternatively you can contact our solicitors on 0800 022 3321 for a free consultation if you have any specific questions.
It’s common for military personnel to have concerns about the future of their careers if they make a claim for compensation. However, the MoD can’t legally discriminate against any service member who makes a claim for compensation against them.
The risk of injury is generally accepted as being higher for military personnel than other occupations, but the MoD still has a duty of care to people who work for them. They’ve failed in this duty if you develop a heat injury through poor preparation, either during training or active service. Whether your claim succeeds or not, they can’t discriminate against you.
If you find that you’re being treated unfairly after your case, whatever the result, you may have a claim for discrimination.
We handle many claims on a no win no fee basis. Many clients find this a beneficial way of funding a claim because there are no upfront fees and nothing to pay if your claim isn’t successful.
However, you’ll need to enter into an agreement linked to a suitable insurance policy to make a no win no fee claim. If you haven’t an existing policy, we can take out After The Event (ATE) insurance on your behalf.
There may be an alternative way to fund your claim that’s better for your circumstances. We’ll discuss all the funding options with you before we begin work on your claim, advising on which we believe is best for you.
Our military injury team have been helping service men and women claim against the MoD since 1987. The team includes several former military personnel, and includes:
- Simon Harrington, who has over 15 years of experience bringing claims against the MoD. Simon specialises in cold injury claims, having helped hundreds of service personnel to claim over £10 million in compensation for their injuries.
- Andrew Buckham, who served in the Army for seven years before joining Irwin Mitchell. Andrew specialises in claims relating to serious and fatal injuries. He is also a trustee for the Defence Medical Welfare Service
- Amanda Marsh, who has over 20 years experience acting for clients with serious personal injuries. Amanda has 'encyclopedic knowledge of the Armed Forces Compensation Scheme.' (Legal 500)
Meet our military injury team.
