Novum Law recognised in prestigious Chambers & Partners Guide 2024
The team at Novum Law are delighted to be once again recognised as one of the best personal injury law firms in the South West by the leading, independent legal...
When you are a serving member of the armed forces, you accept your job is dangerous and serious accidents and injuries can happen when you are in the line of duty.
However, all military personnel have the right to expect their safety to be protected when they are not in a direct combat situation. This means having access to appropriate training and the equipment needed to perform your duties safely and effectively.
If you have been seriously injured in a military accident, or your loved one has tragically died due to someone else’s negligence, our expert solicitors can help you claim military injury compensation.
We understand the massive impact a serious military injury can have on your life and your loved ones. A severe accident or injury can leave you disabled and unable to continue your military career. It can also leave you with significant psychological harm.
Our military accident and injury specialists know that claiming against the Ministry of Defence (MoD) can feel daunting, but we are here to help put things right and make the process as simple and stress-free as possible for you.
Securing military injury compensation can make your life much easier. It can help pay for private medical costs, rehabilitation, counselling, and other types of care. Your compensation can also help replace any lost income, pension contributions, resettlement grants, and additional bonuses, allowances, or service benefits.
Our specialist military injury claims solicitors have experience supporting serving and ex-Forces personnel and their families after serious military accidents and injuries. They can help you make a civil claim or claim through the Armed Forces Compensation Scheme (AFCS).
We have a strong history of success, even in the most challenging claims. We offer No Win No Fee military personal injury compensation claims, which means you can claim with no financial risk or hidden costs.
If your loved one has tragically died following a military accident, we can also represent you at the inquest into their death. We understand exactly how difficult it can be to navigate these situations. We can offer clear and compassionate support throughout the entire process, ensuring you get the answers you need.
Trust and open communication are key to the service we give all our clients. We will take the time to listen to you, understand your situation and answer any questions you may have about the military injury claims process.
Our team can advise on your options for securing compensation, including applications to the Armed Forces Compensation Scheme and the War Pension Scheme, as well as civil claims against the Ministry of Defence.
Our experts know that living with a severe injury can be incredibly difficult, particularly if you have been harmed in a military accident through no fault of your own. We will ensure the military injury claims process remains as straightforward and stress-free as possible. This means explaining things in plain English, without any unnecessary legal jargon, and continually keeping you up to date with the progress of your claim.
Military compensation can help ease the financial burden on you and your family by helping with costs such as:
Before you decide whether you want to proceed with a military personal injury claim, you can have a free chat with one of our experts. This is an excellent opportunity for you to discuss exactly what happened and the effect it has had on your life. You can also ask any questions about the military accident claims process and what the next steps may look like.
Following this free consultation, we will advise whether we believe that you can make a successful military injury claim and the level of compensation you may be able to get.
There is no pressure to start a military injury compensation claim during or after this consultation. It will be your decision whether you want to move forward with a claim.
You have 3 years to make a military personal injury claim for civil claims. This is from the date that you knew you were injured and that someone else was liable.
There are exceptions to this general rule. These include:
The time limits when claiming the Armed Forces Compensation Scheme are different. The scheme covers injuries caused by service on or after 6 April 2005. The time limit for making a claim through the scheme is 7 years from when you sustained the injury.
If a military injury claim goes through the Armed Forces Compensation Scheme, no court proceedings are needed. This is unless you decide to challenge the initial decision on how much compensation you have been awarded, in which case an appeal to an independent tribunal may be necessary.
Most civil-military injury claims can be settled out of court through negotiation. This means that it is unlikely that you will need to go to court to secure your compensation.
In the unlikely event court proceedings are needed, our expert military injury solicitors will be with you every step of the way to make sure you fully understand what to expect and have the best possible legal representation and support.
Can I make a civil claim against the MoD and claim under the Armed Forces Compensation Scheme?
Yes, and this is often the best option. This is because the compensation awarded by the AFCS is based on a tariff system (meaning compensation is based on the type of injury rather than your needs) and capped at a maximum of £650,000. It is, therefore, likely you will be able to secure a higher level of compensation from a civil court if your claim qualifies.
It is usually sensible to start a civil claim at the same time as applying to the AFCS. This is because you usually only have 3 years to make a civil claim, so if you wait until your AFCS application has been dealt with, you may be out of time for a civil claim.
Will my military career be affected if I make a compensation claim?
No, you have a right to bring a legal claim for injuries sustained in a non-combat situation. The Ministry of Defence should not discriminate against personnel who bring compensation claims after a military injury. You cannot be discharged, disciplined, or sanctioned in any way for making a claim for military injuries while still serving.
If you have started a military personal injury claim with another firm and are unhappy with the results, perhaps because the process is taking too long or you are not satisfied with the service given, we can give an independent second opinion.
If we believe that we can achieve better results, we can then take over your case. It is often the case that we can secure higher settlements and secure compensation faster than other firms.
If you are injured while serving in the military, you may be able to make a compensation claim, but this will often depend on whether you were injured during combat. ‘Combat immunity’ is a defence that protects the MoD from legal action for injuries that take place in battle. However, there are certain exceptions, so it is essential to seek legal advice from a specialist military injury lawyer.
Rebecca Brisley, specialist military injury solicitor from our Plymouth team has previously secured damages for a Royal Marine who suffered extensive injuries after standing on an IED in Afghanistan. She successfully argued that he had not been issued with appropriate protective equipment and clothing and his injuries would have been less severe had he been issued with better protective clothing.
For any injuries that take place outside combat situations, you may be able to make a military accident claim. Examples include injuries during training exercises, defective equipment, and cold injuries.
When making a military accident claim, you do not make a claim against the military itself. If you are making a civil claim for damages, this will be against the MoD.
The Armed Forces Compensation Scheme operates a ‘non-fault’ system, which means that no blame is assigned when compensation is awarded.
The Armed Forces Compensation Scheme allows injured military personnel to claim compensation. It uses a tariff award system to give set payments for military injuries and accidents. The process is separate from making a civil personal injury claim against the MoD.
You can still make a civil military injury claim for personal loss and damage if you have made an Armed Forces Compensation Scheme claim.
The amount of time it takes to make a military personal injury claim will vary from case to case. More serious and difficult injuries will typically take longer to reach a settlement.
In certain scenarios, we may be able to help you to access early compensation payments to help you deal with the immediate costs of medical treatment or the expenses of leaving the armed forces.
Why choose us?
As expert solicitors focusing on serious personal injury and medical negligence, you can trust us to get the best results for you and your family.
We understand what you are going through, and we will be there for you every step of the way throughout your claim and beyond.
Our No Win No Fee guarantee means you can make a risk-free compensation claim with no legal costs or charges if your claim is unsuccessful.
Specialist rehabilitation, medical care and support can make a huge difference in your life. We work with the best providers to get the treatment you need.
The professionalism with which you have handled my claim put my mind at ease and was less stressful than I could have imagined.
Going with Novum Law was the best thing I’ve ever done.
Novum won the case for me, and helped me get my life back together
I would have no hesitation in recommending Novum Law and your services.
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