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.
How much compensation you receive after a military accident or illness will depend on a few factors related to your condition, its circumstances, and the support and rehabilitation you need.
When calculating your compensation, we'll take the following things into account:
- Your age, rank and specialism
- The pain and suffering caused by your injury or illness
- Loss of your service earnings caused by delayed promotion or medical discharge
- Loss of any civilian earnings
- Loss of pension contributions / resettlement grant
- Loss of a commitment bonus
- Loss of specialist pay and allowances
- Loss of service benefits including loss of subsidised quarters and Learning Credits
- Your care and support needs – both now and in the future
- Modifications to your home
- Mobility aids
Any settlement is paid by the Ministry of Defence, out of a specific budget set aside for these situations. It doesn't come out of your unit’s budget, and it doesn’t come out of the budget which pays for kit, equipment and other resources.
For more information, call us on 0800 022 3321 and we'll be happy to discuss your options in a free initial consultation
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.
To make a claim for military deafness or hearing loss, get in touch with our experts. To begin with, we’ll arrange a free initial consultation where you can tell us about how your hearing was damaged.
There’s no obligation at all to go any further than this initial consultation if you don’t wish. However, if you choose to go ahead with your claim, we’ll begin by collecting all available evidence to support it. We can use a range of evidence in a military hearing loss claim, including:
- Witness statements
- Military records
- Medical records
- Independent medical expert opinion.
Once we’ve gathered all the available evidence, we’ll contact the MoD and inform them we intend to claim against them for compensation.
If the MoD accepts that they didn’t provide you with sufficient hearing protection while serving in the military, and accepts the compensation amount, your claim will be settled.
Unless we believe it’s in your best interest, we try to keep military deafness claims out of court. This keeps the process simple and minimises the stress for you. However, we may need to start court proceedings if the MoD disputes blame or how much compensation we believe you need.
If you need to go to court, we’ll make sure you’re fully prepared. In many cases, even if trial dates have been set, claims can still be settled without going to court.
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.
There’s no average payout for hearing loss from the MoD. Compensation amounts awarded can range from anywhere between £5,000 to £1 million, but how much you could claim depends on the unique circumstances that caused your hearing damage.
Contact us to discuss what happened to you in a free initial consultation. We’ll be able to advise you on how much your claim could be worth once we know more about your situation.
We make sure our clients’ compensation amounts are full reflections of their current and long-term needs. Compensation is calculated based on:
- The cause of your hearing damage
- The severity of your hearing loss
- Loss of earnings
- Expenses, such as travel expenses to hospital appointments
- Any specialist rehabilitation or treatment you need
- Equipment you may need, such as a hearing aid.
You’ll normally have three years to make a claim, beginning from the date you first noticed you were having hearing difficulties.
It’s always advisable to start your claim as soon as possible once you’ve noticed your hearing is damaged. The sooner you claim, the easier it’ll be for us to gather evidence. The details will also still be fresh in your mind and the minds of any witnesses who can support your claim.
There’s no set timeframe for how long a claim against the MoD for hearing loss will take.
In cases where the MoD accepts responsibility and agrees with how much we’re claiming for in compensation, the claim can be settled quite swiftly.
However, if they dispute responsibility or the compensation amount, this can lengthen the process as we’ll need to prove your hearing damage was their fault. This may include starting court proceedings, which means your claim will take longer to settle than if they’d accepted responsibility.
Rest assured, no matter how long your hearing loss claim takes to settle, we won’t rest until we’ve secured you every penny you’re entitled to in compensation. We’ll be with you every step of the way, acting on your instructions and making sure you’re fully informed at each stage.
Most of our personal injury claims are made using a no win no fee agreement, although there are various funding options available. We’ll talk you through each option during your free initial consultation, advising on which we believe is most beneficial to you.
Many clients find no win no fee to be the best option because there are no upfront fees. You also won’t have anything to pay if your claim is unsuccessful.
However, you must have a suitable insurance policy in place to make a no win no fee claim. This stops you from incurring any costs if your claim doesn’t succeed. We can take out After The Event (ATE) insurance on your behalf if you don’t already have a suitable policy.
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.
