Military accidents

Historically it wasn’t possible to bring a civil claim against the MoD for an injury or illness caused through service. This was referred to as Crown Immunity. It was removed for military personnel on 15 May 1987. It is possible to claim against the MoD for any injuries or illnesses sustained during service after this date.

Compensation is made up of general damages and special damages. The amount payable depends on the nature of the injury or illness.

General damages are paid for the pain and suffering caused by the injury or illness. They are a lump sum payment and are based on the conclusions of the medical expert instructed to report on the condition.

Special damages cover specific individual costs or losses incurred or to be incurred in the future. These losses may include past or future earnings lost as a result of the injury, the costs of equipment such as hearing aids to help in a noise induced hearing loss claim or the costs of changes and adaptations to the home, required following a serious injury through service.

We will fully advise on the level of damages payable in individual claims.

Many clients believe they are unable to bring a civil claim whilst they are still serving. This is not correct. It is possible to claim whilst someone is in the armed forces. Moreover, delaying in bringing a claim until after you have left can result in the claim being denied as being brought too late.

Anyone thinking of bringing a claim should seek urgent legal advice as soon as possible, even if they are still serving. You should never wait until leaving the forces to do so, as the time limits that apply may result in you being prevented from proceeding with your case.

The criteria used for a claim under the WPS or AFCS are different to those used by the courts in civil claim. It is not uncommon for successful civil claims to be brought in cases where the WPS / AFCS claim was rejected. If your WPS / AFCS claim was turned down, you should still seek legal advice about a possible civil claim.

Not all firms of solicitors specialise in military claims. Different solicitors will not always approach the same case in the same way. Hugh James has successfully dealt with a number of cases previously turned down by other solicitors. Even if you have been turned away in the past it is still worth seeking legal advice from military specialist solicitors.

Almost all claims handled by Hugh James are dealt with under a Conditional Fee Agreement (no win, no fee). If your claim is not successful, it won’t cost you anything.

It is usually necessary to bring court proceedings in a civil claim within three years of becoming aware of an injury or illness and the fact this was caused by military service. Predicting when this three-year period begins and ends is not always easy, particularly for conditions such as hearing loss which often develop over a period of time.

Where a claim is brought outside this three-year period, the MoD will often argue the claim is out of time. You would then need to ask the court to waive the deadline and allow the claim to proceed out of time but there is no guarantee they will do so.

There is no need to wait until you have finished service before bringing a claim. Where possible any claim should be brought within the three-year period. If you are outside this time limit you should consult specialist military solicitors and bring your claim as soon as possible, as any further delay is likely to reduce the chances of the court allowing your claim to proceed.