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What Does The Claims Process Look Like?
To make a compensation claim for a military injury or illness, the first thing you need to do is get in touch with us for a free initial consultation. We’ll discuss the circumstances surrounding your accident or illness, and advise you on whether or not we think you can claim. The claim will begin by sending a formal letter of claim to the Ministry of Defence. After this, the claim will usually follow the same four stages:
- Investigation. We’ll begin by determining the extent of your injuries, and the losses they may result in. This will involve obtaining copies of your military medical notes, and any civilian hospitals you’ve received treatment at. We’ll also need a copy of your personnel files. The MoD will undertake an investigation, which usually starts by contacting your unit to confirm details of your accident, and obtain any relevant paperwork. They may also speak to any of your colleagues who were present at the time of the accident, and can provide witness evidence.
- Rehabilitation. If you have any medical care or support needs, we’ll help you to access the necessary treatment and advice.
- Compensation. We’ll work out how much compensation you should get based on the severity of your injuries and your pain and suffering, any medical expenses you’ve had and your ability to get back to work. We’ll put this amount to the MoD, and they can either accept liability or contest the claim.
- Resolution. If the MoD accepts blame, you’ll be awarded compensation. If not, court proceedings will begin. We will try to settle your claim on the best terms, considering options in addition to bringing court proceedings. The MoD should also do the same, as they are obliged to as a branch of government. Starting proceedings doesn’t mean that your claim will definitely go to trial. Instead, it means that the court will take over the management of your case, setting strict timetables for the exchange of documents, witness evidence and expert reports. If you do have to go to court, we’ll be there to support you every step of the way.
- If you have any questions about the claims process, please contact us today for your free initial consultation.
Will Claiming Impact My Career?
In the event that you recover from your injuries and can return to work, there are very strict rules about discriminating against someone for bringing a legal claim.
Personnel who file a compensation claim after an injury are not looked down upon by the MoD. The Ministry of Defence pays you a settlement, regardless of whether you return to work or not, out of a budget specifically allocated for this purpose. Your unit’s budget doesn’t cover it and it certainly doesn’t come from the same budget that dictates the amount and quality of gear, equipment, and other resources for your friends who remain in service.
Will A Claim Affect My Pension?
No, bringing a claim won’t affect your entitlement to a pension under any of the various Armed Forces Pension Schemes.
Who Pays The Compensation?
You may be compensated by a different party depending on the circumstances, but in most military cases, your compensation will come from a specially designated budget for military claims. MoD compensation is paid by a separate budget from the one used to purchase equipment, so making a claim will not impact your unit’s budget.
Can I Make A No Win No Fee Claim?
We work on a No Win, No Fee basis. If we don’t win your case, you won’t pay a penny. If we win your case, the fee will be a percentage of your compensation, which changes depending upon the type of claim you are pursuing. This can be discussed during your initial consultation.
How Much Do I Pay If I Win?
Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor’s success fee can be up to 25%.
How Much Do I Pay If I Don't Win?
If your injury claim is not successful then you won’t have to pay your solicitor any fees.
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