Military Injury Claims

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    UK Military Injury Claims

    If you suffered a personal injury as a result of service in the armed forces after the 15th May 1987, you may be able to make a military injury claim for compensation. This is because all employers, even the Ministry of Defence, are legally obliged to protect their employees, contractors and members of the public as best as they possibly can.

    Can I claim for Military Accident Compensation?

    It does not matter whether you are a civilian, a member of the armed forces or an ex member of the armed forces, if you were injured in an accident caused by the negligence or actions of your employer or other members of the armed forces (either at home or abroad) then you should seek legal advice about starting a personal injury claim. You may even be able to make an independent personal injury claim in addition to claiming through the Armed Forces Compensation scheme. The benefit of taking independent action is that you may be able to get a larger amount of compensation that way. Seek the advice of a specialist personal injury solicitor who has expertise in the area of military injury claims to help you build your case.

    The types of accidents that you may be able to claim personal injury compensation for include injuries resulting from:-

    • Slips, trips and falls
    • Defective equipment
    • Lack of safety equipment
    • Sport or training exercises
    • Road traffic accidents
    • Inadequate training
    • Inadequate supervision
    • Being crushed by falling objects
    • Exposure to hazards such as chemical spills or asbestos
    • Industrial disease
    • Weapons, explosives and fire
    • Parachuting and aviation
    • Failure of equipment or machinery
    • Repetitive actions
    • Loud noise
    • Mountaineering, climbing and abseiling
    • Medical negligence
    Those are just a few examples of the types of injuries or accidents that it may be possible to claim for. You should also be able to claim personal injury compensation if you have been the victim of discrimination, bullying, harassment or a criminal injury. A criminal injury, such as an assault, can be claimed for from CICA, the Criminal Injuries Compensation Authority, if the incident happened within the UK, otherwise you will have to claim from the MoD’s Criminal Injuries Compensation (Overseas) Scheme.

    Start the Military Injury Claim process

    Whatever your injury, whether physical or emotional, if it was sustained through someone else’s negligence and you suffered pain and distress as a result, you should have a case for personal injury compensation. This compensation will compensate you for your injury, pain and distress, and will also pay for any financial losses that you have incurred, such as expenses and lost earnings, as well as future financial losses which you may incur if you have had to give up your job, change careers, adapt your home or if you need ongoing medical treatment or care. A specialist personal injury lawyer will be able to advise you on your particular case and should be able to work on a no win no fee basis (also called a conditional agreement) to help you build your case. It may not be the MoD that you need to claim from, it may be a military equipment manufacturer or a military hospital but don’t worry, your solicitor will be able to sort everything out for you and take the stress away from you.

    If your loved one has suffered a fatal accident while in military service, or as a civilian connected to the MoD, you should be able to claim compensation for your loss and for the dependants. Obviously compensation cannot in any way make up for such an awful tragedy but it can help you start to rebuild your life and care for any children or other dependants. Talk to a solicitor as soon as possible after the accident.

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