Can You Sue the Ministry of Defence?
Yes. Serving personnel and veterans can bring civil claims against the Ministry of Defence where an injury or illness has been caused by negligence and the relevant legal requirements are satisfied.
Although military service involves unavoidable risks, the Ministry of Defence still has responsibilities concerning training, workplace safety, protective equipment, noise exposure and medical treatment. A claimant must normally establish that the MOD breached its duty of care and that this caused or materially contributed to the injury or illness.
Claims connected with active combat require careful legal consideration because combat immunity may apply in limited circumstances. It does not, however, provide the MOD with blanket protection against every claim made by serving personnel or veterans.
What Types of Military Compensation Claims Can Be Made?
- Hearing Loss: Noise-induced hearing loss and tinnitus are common injuries military personnel suffer from. This is often an underestimated but serious condition, as hearing impairment and tinnitus can develop gradually instead of appearing immediately, as visible injuries do. Exposure to loud and continuous sounds such as explosions, helicopters, and gunfire can significantly impact hearing if control measures aren’t implemented.
- Cancer Diagnosis: Military personnel may regularly find themselves exposed to conditions that can cause cancer. For example, helicopters can emit toxic exhaust fumes, while tanks and armoured vehicles have been found to use hazardous chromium paint. Frequent exposure to these contaminants without protective measures can lead to health problems like lung disease and cancer. Exposure can happen when refuelling, while on a lengthy mission in an enclosed cabin, or when conducting maintenance work in a hangar.
- Psychological Trauma: Members of the armed forces are often introduced to challenging and potentially traumatic experiences. These events can cause various psychological illnesses, such as post-traumatic stress disorder.
- Training Injuries: Training exercises prepare military personnel for high-pressure and physically demanding scenarios. These activities understandably have risks, but accidents can arise from negligence or poor planning, leading to severe injuries.
- Defective Military Equipment: Military personnel may be injured because equipment, vehicles, machinery or protective systems are defective, unsuitable or inadequately maintained. Claims can involve unsafe military vehicles, defective hearing protection, communications equipment, weapons, machinery and personal protective equipment. The individual circumstances must be investigated to determine whether the MOD failed to take reasonable precautions.
- Military Medical Negligence: Serving personnel may receive treatment from military doctors, hospitals or rehabilitation services. A claim may be possible where negligent diagnosis, delayed treatment, surgery, medication or rehabilitation causes avoidable injury or makes an existing condition worse. A poor medical outcome does not automatically establish negligence; independent medical evidence will usually be required.
- Fatal Military Accident Claims: Where negligence causes the death of a serving member of the Armed Forces, their personal representatives and qualifying dependants may be entitled to pursue compensation. A claim may include losses suffered by the estate, financial dependency, loss of services, funeral expenses and bereavement damages where the statutory requirements are satisfied.
Bereaved families may also require specialist representation during an investigation or inquest to understand how the death occurred and whether appropriate safety procedures were followed.
The above list is just a summary of the compensation claims we can help you make against the military. For more information on the above claims or if you have another case you would like to discuss, don’t hesitate to contact our solicitors today.
Civil Claims and the Armed Forces Compensation Scheme
A civil claim against the Ministry of Defence is different from an application under the Armed Forces Compensation Scheme.
A civil claim normally requires evidence that the MOD was legally responsible for the injury or illness. Compensation can include damages for the injury itself, loss of earnings, loss of pension, treatment, rehabilitation, care, equipment and other financial consequences.
The Armed Forces Compensation Scheme is a separate statutory scheme with its own eligibility requirements and time limits. It is not always necessary to prove negligence under the scheme. Depending upon the circumstances, serving personnel and veterans may need advice about both routes and how any payments may interact.
What Evidence Is Needed for a Military Claim?
The evidence required will depend upon the nature of the claim. It may include:
- service and personnel records;
- medical records and audiograms;
- accident or incident reports;
- photographs or video recordings;
- information about military vehicles and equipment;
- details of exposure to excessive noise or hazardous substances;
- statements from serving or former colleagues;
- training documents and risk assessments;
- independent expert evidence;
- earnings and pension information.
How Much Compensation Can I Get?
There is no standard military compensation award. The value of a successful claim will depend upon the nature and severity of the injury, its effect upon the claimant’s everyday life and the financial losses caused by it. These losses may include treatment, rehabilitation, reduced earnings, loss of military career and pension losses.
Compensation is often split into the two following categories:
- General Damages: This covers the pain and suffering you’ve endured, so the extent of your injuries and how it has impacted your life will significantly affect this amount. The nature, severity and long-term consequences of the injury will be relevant when general damages are assessed. Medical reports are valuable in demonstrating the impact of your injuries.
- Special Damages: This covers elements like losses incurred, such as medical bills, loss of earnings, the equipment you need (e.g. hearing aids), care costs and any adaptations you need to make to your home to help you get by.
Contact us today, and our specialist solicitors will be able to provide tailored advice on your options and an estimate of how much compensation you could be entitled to.
Contact Us Now To Claim
How to Start Your Military Claim
If you believe you have a case against the military, it’s simple to get started. You can contact Hutcheon Law via the below contact form, phone (0151 724 7121) or email (info@hutcheonlaw.co.uk). You will be in touch with our specialist and experienced solicitors who can provide no-obligation advice. We will ask various questions to learn more about your unique case, including your injuries, how you believe the incident occurred, and the impact on your life. During this initial conversation, we will usually be able to advise whether you have a claim or not and can provide details on the process so you know what to expect.
If you’re happy to appoint us to manage your claim, we will be transparent in explaining how we work and our fees. As we work on a No Win, No Fee basis, you won’t need to pay us anything unless we win your case and get you the compensation you’re owed. We will handle the stressful and time-consuming work, including filing paperwork and gathering evidence, to build the strongest possible case while ensuring you can focus on what matters most – recovering from your injuries. We will formally submit the claim on your behalf and either negotiate a settlement or take the case to court. Most claims we deal with are usually settled without the need for court intervention.
Use the quick and easy form below to leave your details with us.
