Fatal Armed Forces Accident Claim

Fatal Armed Forces Accident Claim

The armed forces team at JMW understands how devastating the loss of a loved one in a military accident can be. We are on hand to guide and support you through this difficult time, providing legal advice and representation.

Making a claim for compensation following the loss of your loved one can help you find out what happened to them and ensure that those left behind have financial security.

To speak to a solicitor about making a claim for a fatal military accident, get in touch with us today by calling 0345 872 6666, or if you would prefer us to call you, complete our online enquiry form.

How JMW Can Help

At JMW, we understand that military training needs to be realistic, but this should be conducted without the risk of unnecessary injury. Like all employers, the Ministry of Defence owes a duty of care to ensure service personnel are safe when carrying out their duties. If things go wrong, our specialist armed forces team will help you navigate the inquest process, service inquiry and help find the answers to any questions you may have.

We can also advise you on bringing a claim for compensation. A legal compensation claim for dependents will take into account your loved one’s salary and military benefits, including military accommodation and pension, thereby providing financial security for the future.
We can also advise you on Armed Forces Compensation Scheme benefits, such as Survivors’ Guaranteed Income Payment and Child Payments.

Meet Our Team

Causes Of Accidental Death In The Military

There are many incidents caused by negligence that can cause a fatality in the military. These include:

If a member of your family has died in an accident during their time in service and you suspect negligence contributed to it, speak to our solicitors as soon as possible.

Investigations, Military Inquests and Fatal Claims

Following the death of a loved one, a number of investigations may be conducted, for example, by the civilian police, military police, Health & Safety Executive and internal military service inquiries. We understand how daunting and overwhelming this can be, and our dedicated armed forces team will act as a steady hand, guiding and supporting you through the investigations, assisting with technical language and documentation, and asking any questions you may have to help understand what happened and prevent recurrence.

Q

How will compensation help?

A

Financial compensation following the death of a loved one can help you with funeral costs, as well as provide the financial support that you may need. This includes loss of your loved one’s salary, military accommodation, their pension and help with additional childcare. 

Q

How much compensation will I receive?

A

Compensation amounts for deaths in the armed forces are typically of high value. The compensation could make a significant difference to your day-to-day life. However, it is impossible for us to state exactly how much you will receive without first assessing the details of your case.

Q

What is the Armed Forces Compensation Scheme?

A

The Armed Forces Compensation Scheme (AFCS) is a no-fault scheme established by the UK government to compensate serving personnel, reservists, and their families for injuries, illnesses, or deaths caused by service on or after April 6th 2005. The AFCS provides awards without the need to demonstrate fault or liability on the part of the Ministry of Defence.

The Scheme offers two types of awards: lump sum bereavement payment, and Survivor’s Guaranteed Income Payments (SGIP) for ongoing financial support. Children will receive a child payment. Because the AFCS operates independently of civil claims, those affected may be eligible to pursue both routes. Exploring the Scheme alongside a civil military claim can help identify the most appropriate form of compensation, depending on the circumstances.
Learn more about the AFCS and how we assist with AFCS claims.

Q

What happens after a death in the military?

A

When a death occurs in the military, several formal investigations take place to establish the circumstances and prevent future risks.

The Ministry of Defence (MoD) will usually carry out a Service Inquiry, an internal investigation designed to understand what happened and whether changes to procedures or equipment are needed. In some cases, the MoD may also conduct a Learning Account, a rapid “lesson learning” review that identifies immediate issues while a full investigation is ongoing.

Alongside these, a Coroner’s inquest will be held. The purpose of an inquest is to establish where, when, and how the death occurred. Some military inquests are more detailed because they must comply with Article 2 of the European Convention on Human Rights - the “Right to Life”. These inquests explore not only the cause of death but also the wider context, such as training, planning, and risk assessments.

An inquest usually follows three main stages:

1. Post-mortem: a medical examination to confirm the cause of death.
2. Pre-inquest review hearings: preliminary hearings to decide the scope of the inquest, determine whether Article 2 applies, manage disclosure of documents, gather witness statements, confirm which witnesses will give evidence, and set a date for the final hearing.
3. Inquest hearing: the Coroner hears all the evidence, witnesses may be questioned, and the Coroner reaches a conclusion, recorded formally. The Coroner may also issue a Report to Prevent Future Deaths if systemic issues are identified.

Q

Can I make a no win, no fee claim?

A

All of our military injury and armed forces claims are offered on a no win, no fee basis. This means if we are unsuccessful in securing compensation, you will not need to pay legal fees.