To make a compensation claim for a specialist unit personnel 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.
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.
To start the process of making a claim, contact our team to arrange a free initial consultation. We’ll listen to what happened to you, advise you on if you could claim and how much for, and talk you through the funding options available.
If you choose not to pursue your claim, there’s no obligation to go any further than the initial consultation. However, if you wish to go ahead with claiming, we’ll begin work by collecting all available evidence. We can use a range of evidence to back up your Special Forces injury claim, such as:
- Independent medical expert opinions
- Witness statements
- Medical records
- Military records
- Photographic and/or video evidence.
The MoD will launch its own investigation, usually beginning by contacting your unit to confirm the details of your accident and to collect the relevant paperwork.
At the start of the process, we’ll guide you through the EPAW process and liaise with the relevant Disclosures Cell to ensure that any confidentiality obligations associated with your specialist service are complied with.
Once we’ve calculated how much compensation you should get, we’ll put this amount to the MoD. If they accept liability and agree with the amount of compensation, we’ll be able to settle your claim without needing to go to court.
However, if the MoD disputes either liability or how much compensation we feel you need, we may need to initiate court proceedings. If we need to take your claim to court, we’ll prepare you and work to make you feel as comfortable as possible. Even if trial dates are set, we may still be able to settle your claim before going to court.
However long the process takes, we won’t rest until we’ve secured you the compensation you deserve. We’ll always act on your instructions and give you tailored guidance to help you make informed decisions.
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 to know the specific circumstances of your injury before we can advise you on how much compensation you could claim. Each claim is unique, and the amount of compensation awarded reflects the individual needs of the client.
Compensation is calculated based on:
- The severity of your injury
- Your pain and suffering
- Loss of earnings
- Loss of pension
- Expenses, such as medical treatment you’ve already had to pay for and travel expenses to hospital appointments
- Modifications you need making to your home or vehicle
- Specialist equipment or treatment you need
- The cost of retraining if you can’t return to your former job.
We’ll make sure your compensation amount is a proper reflection of your current and lifelong needs. Contact us today to arrange a free initial consultation with our lawyers. We can value your claim once we know more about what happened to you.
We’ve a proven track record in representing members of the UK Special Forces with care, support, and confidentiality. Although the names of our clients in these cases can't be revealed, some examples of recent settlements include:
- Client A – received £1.2m after being injured in an aviation crash overseas, with complex issues concerning the Armed Forces Compensation Scheme (AFCS)
- Client B – received £1m after a vehicle rollover, with the difficult issue of late onset of symptoms
- Client C – family received £720k after a loved one died in an air accident
- Client D – received £4.7m, including rehabilitation and care after catastrophic injury whilst serving overseas
- Client E – received £1.2m after a training accident led to trauma and extensive injuries.
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.
You’ll normally have three years from the date you were injured to start a claim. If you’re claiming on behalf of a loved one who lost their life in an accident, the time limit begins from the date of their death.
If you’re claiming through the Armed Forces Compensation Scheme (AFCS), you’ve seven years from the date you were injured or became ill to start a claim.
Time limits don’t apply if you’re claiming on behalf of a loved one who’s lost the mental capacity to make their own claim.
Whatever the circumstances, we urge you to start making your claim as soon as possible after the accident. The details are fresher in the minds of any witnesses and evidence will be more readily available for us to gather.
Making a compensation claim against the MoD can’t legally affect your military career if you choose to remain in the Special Forces. The MoD, like any employer, has a duty of care to protect its employees. Although injuries in the military are more likely than most occupations, the MoD must still take reasonable steps to protect you from avoidable harm.
If they fail to do this, they’ve failed in their duty of care towards you, meaning you can make a Special Forces injury claim. Any compensation you’re awarded won’t be taken away from your unit’s budget.
If choose to remain in the Special Forces after making a claim and feel you’re being treated unfairly, you may be able to claim for discrimination.
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.
