Military life can lead to accidents and injuries that have nothing to do with combat operations. If you've been injured in a military accident or suffered due to negligence, speak to our military lawyers today.
At Slater and Gordon, we take pride in our commitment to supporting those in the Armed Forces. Our unique approach, deep knowledge and experience in handling complex military injury cases is what sets us apart. Slater and Gordon’s military lawyers have demonstrated their dedication to serving those who have fought for our country, covering everything from training injuries to clinical negligence.
The support given by Slater and Gordon’s military team to military personnel goes beyond providing legal services, as we proudly partner with several organisations and charities which allows us to offer legal benefits and discounted services to military personnel.
This includes our partnership with The Royal Navy and Royal Marines Charity (RNRMC). Beneficiaries of the charity will now have access to discounted legal advice from our leading military and family lawyers.
What is a military claim?
A military claim is a legal process whereby former or current military personnel can seek compensation for an injury if occurred when serving in the armed forces. The Crown Proceedings (Armed Forces) Act 1987 is what gives servicemen and women, and their dependents, the right of access to the courts in future to sue the Crown for legal fault in cases of death, personal injury or illness attributed to service.
Since the Act came into force, civil claims can now be made against the Ministry of Defence (MOD) and also via the Armed Forces Compensation Scheme (AFCS). The AFCS is a government scheme managed by Veterans UK to provide compensation for any injury, illness or death that has been caused by service in the military either on or after 6 April 2005.
Military claims often involve specific and complex regulations, which is why a military lawyer the right expertise and experience is needed. Slater and Gordon’s military team can navigate the intricacies of military law and advocate for the rights of those injured during their service.
Who can claim for a military injury?
As a current or former armed forces personnel, you have the right to make a military injury claim if you have suffered injuries from accidents or due to negligence. Military injury claims are a means for seeking compensation and support for any physical, emotional, and financial consequences resulting from your injuries.
Types of military injuries you can claim for
There are several types of injuries that military personnel can bring a claim for if injured whilst on duty. For example, claims can be made for:
Noise induced hearing loss
Physical injury, such as brain or spinal injuries, or amputation
Climatic injuries, including non-freezing cold injuries
PTSD/psychological ill health
Injuries from unsafe working practices
Injuries from unsafe or defective military equipment
Fatalities inquests
This list is not exhaustive, and if you’ve been injured due to someone else’s negligence in the course of your duties, you could be entitled to make a claim.
At Slater and Gordon, we also provide help and support when our clients need to go through rehabilitation and recovery. Ensuring they get the best possible care, both physically and emotionally, we work with charities to offer a continued support network to help them recover in the best possible way.
How to make a military injury claim
To start a military injury claim, speak to our industry-leading military injury lawyers on 0330 041 5869 and get in touch online. Our experts will ask you a few questions to determine the circumstances of your case and your injuries and will be able to tell you straightaway whether you have a claim.
If so, we’ll take you through the process of making a claim step-by-step, helping you to collect all the relevant information and evidence to support your claim (such as medical records and witness statements).
Our specialist military claims team at Slater and Gordon have extensive experience in handling these cases, and they understand the commitments and hardships undertaken by service personnel. We have a long-standing connection with military personnel, and all our cases are handled by specialists with a great deal of experience in dealing with military injury cases.
Can I make a No Win No Fee claim?
We firmly believe that the cost of legal action should never prevent you accessing the compensation you deserve. That is why all our military injury claims are pursued on a No Win No Fee basis, meaning there is no upfront cost to you and, should your claim be unsuccessful, you won’t have to pay legal fees.
To find out more about pursuing a military injury claim on a No Win No Fee basis, speak to our team today.
Elliott Courtman, a former aircraft engineer in the Royal Navy suffered a severe, penetrating eye laceration from making contact with an antenna on a helicopter. In desperate need of the right treatment and rehabilitation, Elliott came to Slater and Gordon for help.
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Absolutely, a first-class service. Compassion, understanding, and care were given throughout the process. We could not have asked for a more dedicated lawyer. Excellent people skills and professionalism at their best. Thank you for all your hard work, Natasha. Words really cannot express our gratitude to you. You believed it was the right thing to do, and you succeeded.
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My hero solicitor, Madelene Holdsworth, is extraordinary, as she showed incredible patience, tenacity, dedication, commitment, and professionalism to help me win my case. I would highly recommend solicitor Madelene Holdsworth for personal injury claims and employment-related legal services. She's worth her weight in gold.
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Why choose our military lawyers?
At Slater and Gordon, we have a long-standing connection with military personnel, showing continued support. All cases are dealt with by specialists who have a great deal of experience in dealing with military injury claims and we always act with the best interests of our clients in mind. Where fault is admitted on your case, we’ll seek interim payments to enable future independence as we’re settling your case.
Heading up the military injury team is Natasha Orr, Senior Associate and an APIL (Association of Personal Injury Solicitors) accredited Senior Litigator, and a former member of the armed forces herself. It’s her first-hand experience that helps her possess an extensive understanding of the challenges faced by military personnel. Also, she has first-hand experience being the spouse of a service person which helps fuel her passion for assisting the military community with all her capabilities.
Alongside Natasha, our military law team has received recognition and accolades from the legal industry, such as Chambers and Partners. Our team work closely with several charities, such as Adaptive Grandslam and The Royal Navy and Royal Marines Charity (RNRMC), and often take part in charity events and fundraising activities enabling us to give back to the military community.
The combined expertise within the military team has been recognised by renowned legal accolades, with Head of Industrial Disease, Jordan Bell being ranked in the Legal 500 and Managing Director Madelene Holdsworth being shortlisted as ‘Solicitor of the Year’ in the Modern Law Awards 2020.
In fact, in May 2024, our head of Wills, Trust and Probate, Michael Knott, is embarked on an arctic expedition with the Adaptive GrandSlam which focuses on inspiring and supporting members of the disabled community. Joining him to take on the challenge are wounded ex-service personnel and civilian members of the disabled community, encouraging and showing our continued support.
What's more, we’ve signed the Armed Forces Covenant, highlighting our commitment to being an armed forces friendly employer and helping reservists and veterans showcase the value and skills they have to offer.
Frequently asked questions about military injury claims
Can I make a military injury claim if I’m still in service?
Yes, military injury claims can be pursued by both current and former service members.
Is there a time limit for making a military injury claim?
The general rule is that a claim should be made within three years from the date the incident occurred or the date you were first aware you had suffered an injury or illness.
Claims to the Criminal Injuries Compensation Authority must normally be made within two years of the assault and claims under the Armed Forces Compensation Scheme must be made within seven years of the injury.
Can I claim compensation for injuries years after leaving the military?
It can be possible to pursue a military injury claim years after leaving active service, though it will depend upon how you make the claim and the circumstances of your injury or incident. To make a claim against the MOD, claims must usually be made within three years, though the time limit for pursuing compensation through the AFCS is seven years.
To learn more about time limits that may apply to your case, speak to a member of our team today on 0330 041 5869 or get in touch online.
How much compensation could I receive for a military injury?
Every military accident compensation claim is different, with the final figure dependent on the seriousness of the injury as well as the extent of recovery that may be possible. Our expertise is not just in winning significant compensation, it's also in understanding the need for rehabilitation and the support you and your family will need right away, and perhaps for the rest of your lives.
What is the difference between military injury claims and AFCS compensation?
Military injury claims are civil claims made directly against the Ministry of Defence. To be successful, these claims must find the MOD at fault, though often attract higher sums of compensation as amounts are not capped.
Claims made through the AFCS do not need to find the MOD at fault and amounts are capped, which usually results in lower sums. However, the AFCS also provides further financial benefit through Guaranteed Income Payment (GIP) and Survivor Guaranteed Income Payment (SGIP).
If you are not sure which route would be best for your case, you can speak to our specialist military injury lawyers on 0330 041 5869 or get in touch online to learn more.
Will making a claim affect my military career or future employment?
No. Making a claim for an injury should not have any impact on your career, either in the military or after you leave active service, nor will it affect your entitlement to a pension. This is because the government and MOD recognise an individual’s legal right to pursue compensation for injuries caused by negligence.
Can families of deceased service members make a military claim?
Yes. If a service member has been injured due to negligence by their superiors or the MOD, a claim can be made by their estate’s legal representative (that is, the person named as executor in the will, if there is one) or otherwise by a family member.
Does the MOD have immunity from certain claims being brought against them?
There are certain cases where the MOD would be immune from having a claim brought against them:
Crown Immunity: The MOD is immune from any claim by service personnel where an injury/incident, caused by their negligence, took place before 15 May 1987. This means even if the incident occurred before 1987, but the injury was not apparent until after that date, e.g. an asbestos related illness, you can't make a claim.
Combat Immunity: The MOD is immune from any claim by service personnel in respect of an injury/incident which has occurred during combat. However, the MOD have sometimes been known to make ex-gratia payments in certain situations, so you should always seek legal advice.