Army & Military Accident or Injury Claims in Plymouth

Suffering an injury due to an accident or any other circumstance can have very serious consequences for military personnel, including the potential to end a career. The physical and psychological impact of such injuries can have a lifelong impact.

Should you or a loved one be living with the effects of such an injury, you have the right to explore all available options to make sure you can access the right support for your/your loved one’s needs. In many cases, compensation is available which can make your life much easier, paying for medical costs, counselling and other types of support, as well as replacing lost income and providing some degree of amends for your pain and suffering.

At Novum Law, we have a dedicated team of serious injury lawyers in Plymouth who have experience assisting both serving and ex-Forces personnel to pursue compensation for military injures. We can quickly assess your claim and give our honest advice on whether we believe you have strong grounds for a claim and the level of compensation you may be entitled to.

Our team can advise on the various 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.

We offer No Win No Fee funding, meaning you can make a military injury compensation claim with no financial risk or hidden costs.

Our team is highly skilled, having achieved top rankings for our personal injury claims expertise from leading client guide Chambers & Partners. We have an excellent track record of securing substantial compensation for our clients, usually without the need for court proceedings.

We understand that the thought of making a claim can be difficult, but our team are here to make the process as simple and stress-free as possible for you. We will be happy to have an initial discussion with you free of charge where we hope to be able to put any concerns you have to rest.

Book a free initial consultation with our military injury lawyers in Plymouth

If you believe you or a loved one are entitled to compensation, our military injury solicitors in Plymouth are here for you.

We also have offices in Bristol, Cardiff, the Isle of Wight, Salisbury, Southampton and Swindon, allowing us to offer a convenient local service to clients further afield.

To begin your claim, contact us on 01752 964 683 or online for a free, no obligation chat.

Our expertise with all types of military accident and injury claims

Our military injury solicitors in Plymouth are experts in dealing with claims related to:

• Deployment injuries
• Barracks injuries
• Accidents on board ship
• Post Traumatic Stress Disorder (PTSD)
• Injuries during military training
• Military injuries abroad
• Veterans claims
• Injuries due to inadequate equipment
• Dockyard injuries
• Post-concussion syndrome
• Brain and Head Injuries
• Spinal Injuries
• Road Traffic Accidents
• Medical Negligence
• Amputation and Limb Loss
• Bone Fractures
• Carbon Monoxide Poisoning
• Chronic Pain
• Fatal Injuries
• Loss of Sight
• Nerve Injuries
• Asbestos Related Diseases

We have particular expertise in applications to the Armed Forces Compensation Scheme and regularly handle claims for both serving armed forces personnel and veterans.

Take a look at our team to find out more about their individual areas of expertise.

Your options for claiming military accident and injury compensation

You have three main options to claim compensation for an accident or injury during military service:

Armed Forces Compensation Scheme (AFCS)

Where you suffered an injury that was caused or made worse by an incident that occurred after 6 April 2005, you may be eligible to apply for compensation from the AFCS.

The Armed Forces Compensation Scheme is open to both serving and ex-Forces personnel and, depending on the situation, it may also be possible to make a civil claim.

It is not necessary to prove that someone was at fault in order to qualify for compensation and the compensation available through the AFCS ranges from £1,236 to £650,000.

The time limits for making a claim are 7 years from the earliest of the following dates:

1. The date of the incident leading to the injury or illness.
2. The date on which an injury or illness not caused by service was made worse by service.
3. In the case of illness, for example PTSD, the date of first seeking medical advice for that illness.
4. The date of discharge.

If in doubt, always make the application as soon as possible.

Claims under the War Pension Scheme (WPS)

Where you suffered an injury that was caused or made worse by an incident that occurred before 6 April 2005, you may be able to eligible to apply for compensation from the War Pension Scheme.

The War Pension Scheme is open to ex-Forces personnel (Veterans) . While you can theoretically bring a civil claim as well, claims eligible for WPS compensation will normally be outside of the time limit for a civil claim. However, this not always the case as it is sometimes possible to claim many years after an incident in exceptional circumstances.

It is not necessary to prove that someone was at fault to claim compensation and there is no time limit to bring a claim. Depending on the circumstances, you may be able to receive a lump sum of compensation and/or an ongoing pension.

Civil claims against the MoD

To ensure you get the maximum available compensation and all the support you need to live with your injuries, you may need to make civil personal injury claim against the MoD or another party. This can be as well as claiming under the Armed Forces Compensation Scheme and War Pension Scheme.

Both serving and ex-service personnel can make a civil claim against the Mod where appropriate. You will usually need to claim within 3 years of the injury occurring, although there are exceptions where you may have longer to claim.

The amount of compensation available will depend on the impact of your injuries on your life. Unlike claims under the Armed Forces Compensation Scheme, there is no upper limit on the damages potentially available for a civil claim.

How we handle military accident and injury claims in Plymouth

Free initial consultation

We will be happy to have an initial discussion of your circumstances and the potential for claiming at no cost to you. One of our specialist serious injury solicitors will be available to meet face-to-face, by video or phone, or we can work via email if you prefer.

This first meeting will give you the chance to tell us about your injuries, how they occurred and the impact on your life. We can then talk you through your legal options, including whether we think you have grounds for a civil claim and the potential compensation available.

No Win No Fee military injury claims funding

All of our military injury claims are funded using Conditional Fee Agreements (CFAs), often referred to as ‘No Win No Fee’ funding.

With No Win No Fee military injury claims, there is no upfront cost to start a claim and you will only be responsible for paying our fees if we secure compensation for you. This means there is no financial risk to you in starting a claim.

Find out more about No Win No Fee funding.

Determining whether you are owed civil compensation for a military accident or injury

To determine whether you are owed civil compensation for a military injury, we will need to establish that your injuries were caused by someone else’s negligence. Using our years of experience, we will carefully review the circumstances surrounding your injuries and gather all necessary evidence to support your claim.

Valuing your armed forces injury compensation claim

Working out how much compensation you are entitled to is referred to as ‘assessing quantum’ or ‘assessing quantum of damages’.

The level of compensation available will be based on:

• Financial costs you have incurred (e.g. medical bills, rehabilitation costs, care and support fees, lost earnings etc.)
• The non-financial impact of injuries (e.g. pain and suffering, loss of amenity etc).

Time limits for civil claims against the MoD

For a civil claim against the MoD, you will normally have 3 years from the ‘date of knowledge’. This is the date on which you were aware that:

1. You had suffered an injury.
2. Someone else was to blame.

The date of knowledge may be the date on which your injury occurred or it can be much later, depending on the circumstances. There are also some circumstances where you might have longer to claim depending on who the claimant is.

Find out more about time limits for compensation claims.

Settling a military injury claim out of court

In most cases, we will be able to secure compensation with a negotiated settlement, avoiding the need for court proceedings. This can allow you to get the maximum compensation available without the time, expense, stress and uncertainty involved in taking your claim to court.

Taking your military accident or injury claim to court

In those rare cases where court proceedings are required, we will make sure you have the best available support and representation every step of the way. Our team will explain the entire process, so there should be no nasty surprises, and provide close personal support at all times.Transferring your case to Novum Law from another firm

Should you be unhappy with your current representation or a settlement another firm has achieved, we will be happy to provide an independent second opinion.

Our military injury solicitors in Plymouth can provide honest advice on whether we believe your case has been mishandled and can provide fresh representation for you where appropriate.

In previous cases where we have taken over claims from other firms, our team have been able to get a significantly higher settlement and/or secure compensation faster.

Find out more about transferring your serious injury claim to Novum Law.

Armed forces & military injury claims FAQs

Am I entitled to compensation for a military injury?

You will likely be entitled to compensation under the Armed Forces Compensation Scheme (AFCS) or the War Pension Scheme for any injury, illness or death which was caused by service. You may also be entitled to civil compensation if you can show that your injury was caused or made worse by negligence on the part of another person.

One key thing to bear in mind, however, is that you may not normally be able to make a civil claim for any injury that happened in the theatre of war. This is referred to as combat immunity. However, even in such cases, compensation may still be available depending on the circumstances, so it is always worth discussing this with our team.

At Novum Law, our lawyers have successfully recovered damages for those with injuries which have occurred on the battlefield.

Can I make a civil claim against the MoD as well as claiming 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 normally 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.

Can I be discharged for making a compensation claim?

No, you cannot be discharged, disciplined or sanctioned in any other way for making a claim for military injuries while still serving.

Have a question we haven’t answered?

If you have a question that is not listed above, please visit our FAQs page. Alternatively, please get in touch and we will be happy to answer your query.

Book your free initial consultation with our army & military injury solicitors in Plymouth

If you believe you or a loved one are entitled to compensation, our military injury solicitors in Plymouth are here for you.

We also have offices in Bristol, Cardiff, the Isle of Wight, Salisbury, Southampton and Swindon, allowing us to offer a convenient local service to clients further afield.

To begin your claim, contact us on 01752 964 683 or online for a free, no obligation chat.