How to make a claim for injuries sustained in the Armed Forces
There are two options available to those who have sustained injuries whilst serving in the Armed Forces:-
- Make a civil personal injury claim. In order to bring such a claim there is the requirement to prove fault for the injury. A claim must be brought within 3 years of the date of injury being sustained, or the date of knowledge of such injury. However, there is no limit on the amount of compensation that can be awarded for a civil claim.
- Bring a claim under the Armed Forces Compensation Scheme, (‘AFCS’). This is a Government scheme which provides a set amount of compensation for any injury, illness or death that has been caused by service in the military either on or after 6 April 2005.
The AFCS is a ‘no fault’ scheme, which means that responsibility for the incident causing the injury or illness will not be admitted but the MOD will look to compensate you for your injuries suffered during service.
The scheme is available to all current and former members of the UK Armed Forces, including Reservists.
You can also make a claim in the event that you have lost a loved one due to an incident whilst they were in service. Guidelines state that those eligible would be “someone with whom you are cohabiting in an exclusive and substantial relationship, with financial and wider dependence”.
If you are taking part in military activities you can make an AFCS claim. Military activities including while:
- On operations
- Participating in service approved sports
- Exercising to maintain military fitness
A claim can be made for any injury or illness, whether a minor condition, a more serious condition or a mental condition. Some examples of the injuries which can be claimed for include hearing loss, psychological injuries such as PTSD, and physical injuries.
How much AFCS compensation could you receive?
‘Lump-sum payments’, which are tax-free, are awarded for pain and suffering with the amount depending on the severity of the injury. Currently lump sum payments range from £1,236 to £650,000 with £650,000 being the absolute maximum you could receive.
In addition, Guaranteed Income Payments (GIPs) are income streams which can also be awarded by the AFCS for serious injuries and illnesses.
Submitting an AFCS Claim
We are more than happy to help you with the paperwork needed to submit an AFCS claim, and will talk you through what information you will need to have ready, and the steps included in making a claim. There are certain details you are required to provide so a claim can considered accurately and reasonably.
If you have already made an AFCS claim and want to appeal the outcome, we can also assist you with this.
Generally speaking, the claim should be made within 7 years of the date the injury occurred or, in respect of an illness (such as PTSD), the date you first requested medical advice for your illness.
Why choose Ellis Jones Solicitors?
Our specialist team of personal injury solicitors at Ellis Jones Solicitors have years of experience in helping members of the armed forces ensure they get the compensation they deserve following an accident that wasn’t their fault. If you or a loved one has been injured we can help you too. Our team have specialist military knowledge and experience in dealing with military claims.
Contact our No Win, No Fee Solicitors now for a free consultation. Call us on 01202 525333 or email firstname.lastname@example.org.