What is the Military Injury Claims Process?

Most military injury claims are directed to the Ministry of Defence (MoD). The process begins by submitting a formal letter of claim to the MoD. Typically, the claim then proceeds through four stages:

1. 1. Investigation: We start by assessing the extent of your injuries and the associated losses. This involves obtaining copies of your military medical records and any civilian medical treatment you’ve received. We will also need your Armed Forces Compensation Scheme file and personnel file.
   2. MoD Investigation: The MoD will conduct its own investigation, which usually involves contacting your unit to verify the details of your accident and collecting relevant documentation. They may also interview colleagues who witnessed the incident to gather their testimony.
   3. Rehabilitation: If you require medical care or support, we will assist you in accessing the necessary treatment and advice.
   4. Compensation: We will calculate the appropriate compensation based on the severity of your injuries, pain and suffering, medical expenses, and your ability to return to work. We will then request this amount from the MoD. The MoD can either accept liability or dispute the claim.
   5. Resolution: If the MoD accepts responsibility, you will be awarded compensation. If they contest the claim, court proceedings will commence. We aim to settle your claim on the best possible terms, exploring all options before resorting to court. The MoD is also expected to consider alternatives as a government entity. Initiating court proceedings does not necessarily mean your case will go to trial; rather, the court will manage your case, setting strict schedules for document exchanges, witness testimonies, and expert reports. If a court appearance is necessary, we will support you throughout the process.

Will Claiming Affect My Career?

If you recover from your injuries and can return to work, there are strict rules against discriminating against someone for making a legal claim. The MoD does not view personnel who seek compensation after an injury unfavourably.

Whether you return to work or not, the compensation is paid by the Ministry of Defence from a specific budget allocated for such situations. It does not come out of your unit’s budget and certainly does not affect the funding for kit, equipment, or other resources for your colleagues still in service.

How Do I Start A Claim?

To begin a claim, all you need to do is get in touch with us.

You’ll have a free initial consultation with one of our legal advisers, where we’ll discuss your injury and tell you whether we think you’ll be able to make a claim. We’ll give our expert advice on your options – but you’re under no obligation to continue with us.

If you decide to make a claim with us, you could fund your claim using a No Win No Fee* arrangement. This means you’ll only have to pay if your claim is successful – in this case your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

If you have any questions about the claims process, please contact us today for a free initial consultation.