Military Claims

If you’re a current or former member of the armed forces or reserves and you’ve been injured as a result of an incident that wasn’t your fault, either in the UK or overseas, you’re entitled to make a personal injury claim.

Like any other employer, the Ministry of Defence (MOD) owes a duty of care to all service personnel. Since 1987, military personnel have been able to make a claim for personal injury if the MOD has failed to provide you with appropriate training, equipment and a safe place of work, or otherwise neglected its duty of care to you. 

At JMW, our specialist team of military claims solicitors has many years of experience supporting members of the military and reserves to ensure that they get the compensation they deserve after an accident. We can help you, too, if you or a loved one have been injured.

Speak to our team today. If you are unsure whether you are eligible to make a claim, we are here to answer any questions you may have. Call us on 0345 872 6666 or, if you would prefer us to call you, complete our online enquiry form.

The Claims Process

Making an armed forces compensation claim for your injury doesn’t mean you will only receive compensation for the injury itself. When we are dealing with your claim, we will take into account all the parts of your life that have been affected by your injury and seek compensation for them.

As well as for your injuries, you are entitled to be compensated if you have missed out on a promotion, had to be medically discharged, lost basic pay and specialist pay, lost the ability to further your career in the armed forces or lost any of your pension. 

We will also factor in compensation for any loss of accommodation and bills that were covered by the armed forces and benefits you received whilst in the armed forces, such as a gym membership, dental cover and cover for medical prescriptions.

If your human rights have been affected by your injury, there is the possibility that we will be able to make a claim on your behalf under the Human Rights Act. Our experts will be able to advise you about this.

Ultimately, a personal injury claim is designed to make sure that you are in the same financial position you would have been were it not for the accident. So, if there is something in your life that has been affected by your injury and you are out of pocket, you will be able to make a claim for it.

Meet Our Team

Case Studies

How JMW Can Help You Make an Armed Forces Claim

We have extensive experience of dealing with military claims, with a dedicated military injury team in place that specialises in handling cases related to injuries sustained by service personnel and reservists. Our team, which includes former service personnel, understands the unique challenges faced by military members when claiming compensation. We know what a member of the armed forces will need to claim for, what options are in place for them, and how to get the best result every time. We will do this on a no win, no fee basis, meaning that you won’t have any additional financial worries as the result of making a claim.

Part of the reason we’re able to offer you an excellent service is that we understand the specialist nature of the work that members of the armed forces carry out. We know that in order for your case to be successful, we need to pursue specialist types of evidence that are not required for civilian claims. This evidence often involves large amounts of technical documentation, which we can help you to collect. We are experienced in securing:

• Learning accounts
• LAIT reports
• Joint Service publications
• Standing Orders
• Service Inquiries

We can also provide you with a “one-stop-shop” service. As well as a specialist personal injury and medical negligence team, we have experts who will help you secure your compensation in an Armed Forces Compensation Trust and create or update a will. Our teams can deliver advice on employment and family matters, and have been commended in independent legal publications for their expertise. Fundamentally, our focus when working with you is to take as much pressure off you as possible, so that you can focus on making a full recovery and getting on with your life.

Whether your claim is against a civilian defendant or against the MOD, the rules are the same. You will not be required to leave the armed forces in order to make your claim (although your injury may mean you will be medically discharged), and your claim will be handled in the English legal system, regardless of whether or not your accident took place in the UK or abroad.

We know that it may seem daunting to pursue a claim against the armed forces for various reasons. However, your claim, and the compensation you are awarded as a result of your claim, may make a big difference as you look to move forward with your life after your injury.

Types of Military Injuries

Anyone who starts a career in the armed forces knows that a lot will be asked of them, both physically and mentally. It is the MOD’s responsibility to make sure that while military personnel and reservists are pushing hard and doing their jobs to the best of their abilities, their safety is properly taken care of and they are appropriately trained for the task at hand.

When the MOD falls short of this duty and an injury happens as a result, the injured person is entitled to make a claim.. It is a complex area of law, but our team has extensive experience in dealing with all types of military injury, including:

Inquests

When the worst happens and a loved one dies as the result of an accident, we can help you find out what happened. We have experience in both military and civilian inquests, and we understand the complexities that come with a military inquest, which usually involve Article 2 of the European Convention on Human Rights (“Right to Life”). Inquests also tend to involve large amounts of technical documentation, which we will help you to navigate.

Inquests can attract significant public attention, and we can help you to deal with this thanks to our extensive experience. Our military solicitors are leaders in the field who provide specialised legal assistance to service personnel and veterans. They understand the nuances of military law and can also address any initial concerns regarding funding options. We have a great deal of experience in this area and will bring that experience to bear to help support you, no matter how your loved one passed away.

Fatal accidents

Nothing can prepare you for the loss of a loved one and the impact it will have on your life. If your loved one passed away as the result of an accident within the armed forces, we can provide you with emotional support and the assistance you need to make sure you are financially secure.

For information on fatal military accidents, visit our dedicated page.

Non-freezing cold injuries

Despite being serious career-threatening injuries, non-freezing cold injuries are largely preventable, and the MOD has provided clear guidance to reduce the risk of injury in JSP 375. However, commanders are often unaware of the guidance, or ignore it. Service personnel should be trained to recognise the signs of cold injury, so that quick treatment can be provided to prevent the damage from becoming irreversible. Read more about non-freezing cold injuries and how you can claim.

Training accidents

Part of being in the armed forces means using dangerous, highly technical equipment that requires special training. Your training needs to be realistic, but also safe, and properly risk assessed. You should also be provided with properly maintained equipment that is in good working order, appropriate personal protective equipment and suitable supervision and instruction from qualified instructors.

Adventurous training incidents

Adventurous training is described as an “essential part of tri-service training”, as it contributes to the development of military skills of leadership, self-discipline, endurance, physical courage and mental robustness. However, supervisors have a responsibility to ensure that any adventurous activity is still properly risk assessed, supervised and conducted using properly maintained equipment. Participants must have the appropriate personal protective equipment and be fit to take part.

We have experience in dealing with white water rafting accidents, climbing accidents, powerboat accidents, skiing accidents, canoeing accidents, parachute accidents and competition incidents.

Bullying, harassment and abuse

MOD policy states that all service personnel have the right to be treated with dignity and respect. As such, the chain of command must be vigilant and proactive in preventing bullying, harassment and abuse, and service personnel must not be exposed to degrading treatment.

We have experience in dealing with abuse claims arising from initiation rituals, beasting injuries, bullying, service complaints and claims under the Protection from Harassment Act 1997, and can bring this experience to bear when helping you.

For more information on military abuse claims, visit our dedicated page.

Military brain injuries

If you or a loved one have suffered a traumatic brain injury due to a military accident caused by negligence, you are entitled to compensation. Visit our military brain injuries page for more information.

Military amputation

If you have undergone an amputation while serving in the armed forces, JMW Solicitors can help you to claim compensation. For more information on military amputation claims, visit our dedicated page.

Hearing loss

Our team has extensive experience in dealing with noise-induced hearing loss. Armed forces personnel are subject to some of the noisiest working conditions, and commanders should provide personnel with the relevant personal protective equipment to ensure that they don’t suffer unnecessary hearing loss. Visit our dedicated page for more information.

Are You Unhappy with How a Solicitor has Handled your Armed Forces Claim?

If you have approached another solicitor regarding your claim and are dissatisfied with the legal advice you have been given, or the lack of communication about your case, we are happy to take on your claim and provide you with the high-quality service you deserve.

We have helped several clients who experienced poor quality service and inadequate advice from other solicitors. Those who switched their case to JMW have commented on our personable approach and our willingness to communicate on a regular basis. 

Our team is here to discuss your case and the options available to you. We can advise you on what to do next and will handle any necessary arrangements with your current solicitor.