If you have sustained injury as a result of MoD negligence, the best route to redress is likely to be found in instructing solicitors for military accidents claims to represent your case. However, where negligence has not occurred, compensation should be sought through the Armed Forces Compensation Scheme.
The Armed Forces Compensation Scheme
The Armed Forces Compensation Scheme (AFCS) is in place to provide some form of redress to personnel injured as a result of service carried out on or after 6 April 2005.
Who can claim?
The scheme is available to those who are still members of the Armed Forces as well as those who have left, this also includes reservists. For those injured before 6 April 2005, the War Pension Scheme is in place to provide redress.
Claims can also be made by ‘eligible partners' of personnel who have sustained fatal injuries in the course of their service. ‘Eligible partners' are defined as those who cohabited with personnel in an exclusive and dependant relationship (including financial dependence).
Military accident compensation amounts paid out under the AFCS are done so without any admission of liability on the part of the Armed Forces, unlike many civil claims for MoD negligence as taken out with the assistance of solicitors for military accident claims.
Claiming for injury
It is possible to claim for any injury or health problem caused by military service. This could be a fracture, dislocation or amputation or a more serious brain or spinal injury. It is not necessary for injuries to have been sustained on the battle field – they can also be as a result of training exercises, more routine events, or sporting or team-building activities.
Personnel have seven years to make a claim. However, where illness only becomes apparent some time after its cause, different claims deadlines will apply (usually three years from the date of diagnosis). The latter deadline also applies for claims for psychological injury and mental illness caused by service in the armed forces.
What about civil claims for negligence?
The Armed Forces may be inherently dangerous but this does not mean that negligence should go unrecognised.
Where it can be proven that the MoD has not taken reasonable steps to minimise risks, injured parties may be able to make claims for compensation. In such circumstances, the solicitors for military accident claims at Seth Lovis & Co can help.
For example, personnel have every right to expect suitable training and equipment, whether they are on the battle field or in a training situation.
Seth Lovis & Co can help you if you have sustained injury as a result of MoD negligence in any of the following situations:
- MoD sports activities
- Traffic accidents
- Training exercises
- Equipment failure
Advice from Seth Lovis & Co today
Whether you have been injured serving on the frontline, have been injured in a training exercise, or have sustained your injury in another setting – for example, a slip and trip accident – contact Seth Lovis & Co today for information and advice regarding your options. Our team of military accident solicitors has the necessary experience in bringing military injury claims against the MoD. Simply call 0808 252 0678.