Military Training Accidents Claims

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If you’ve been injured in a military training accident or lost a loved one whilst they were training in the British Armed Forces, our specialist Military Claims Solicitors can help you seek the compensation you deserve.

While it’s essential to prepare personnel for the rigorous nature of military life, training can involve exposure to potentially dangerous situations that can lead to accidents.

The MOD  has a duty of care and must take reasonable precautions to ensure the safety of all Armed Forces personnel and prevent unnecessary injury during training.

If the MOD has failed in this responsibility and you’ve been involved in an accident during military training, our lawyers can help you secure a military training injury compensation claim.

Simpson Millar is a national law firm, with an experienced team of Military Lawyers dedicated to military accident and injury claims. We have an excellent track record of securing financial compensation for Armed Forces clients.

We offer a free, initial expert claims assessment to serving Armed Forces personnel, veterans and family members.

And, if we take your case on, we will handle your compensation claim on a No Win, No Fee basis.

Call us today, or request a callback, to arrange your free, initial consultation with our Military Lawyers.

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What Is A Military Training Accident?

Military training accidents are injuries sustained during training exercises or activities conducted by the armed forces including the British Army, Navy, RAF, Reserves, and Special Forces.

Accidents can range from minor injuries to severe and life-threatening incidents resulting from negligence such as inadequate safety measures, faulty equipment or lack of proper risk assessments, among others.

Common causes of training exercises include:

  • Land transport
  • Aircraft
  • Diving
  • Live-firing weapons
  • Assault courses
  • Adventure training
  • Combat training
  • Mountaineering
  • Parachuting
  • Skiing

The long-term impact of injuries can be profound. Not only can they affect physical and mental health, but an injury sustained in training could also mean that you’re no longer able to fulfil your military career potential.

If you’ve sustained a physical or psychiatric injury during training, our specialist team of Military Injury Lawyers could help you bring a military training accident claim against the MOD. If successful, you could receive financial compensation for your injuries.

What Are The Most Common Causes Of A Military Training Injury?

Military training injuries can happen during physical training, adventure training, or on exercise and typically involve causes such as:

  • Inadequate safety measures, insufficient protocols or oversights
  • Insufficient training and preparation or supervision
  • Equipment failure
  • Incorrect use of equipment
  • Provision of unsuitable or inadequate equipment
  • Faulty or poorly maintained equipment
  • Lack of appropriate Personal Protective Equipment
  • Hazardous environments, such as rough terrain or live-fire exercises.
  • Physical training, or drills, that lead to overexertion or incorrect techniques
  • Inadequate exercise preparation, including poor risk assessment.

If you’ve suffered a military training injury through no fault of your own, you could be entitled to compensation. Our expert legal team may be able to help you bring a claim against the MOD if they have failed in their duty of care to protect you during duty.

Common Types of Military Training Injuries

Military training involves a range of potentially hazardous exercises designed to prepare trainees for the challenges of service that each present some potential for injury.

Examples of military training injuries include:

  • Slips, trips, and falls resulting in fractures, sprains, and head injuries.
  • Land transport accidents, causing serious injuries such as broken bones.
  • Aircraft accidents which may lead to severe injuries or fatalities.
  • Live firing training, potentially leading to significant or fatal injuries.
  • Diving incidents, leading to drowning or decompression sickness.
  • Climbing accidents – leading to significant or fatal injuries
  • Hypothermia or Non Freezing Cold Injury from exposure to cold, wet environments.
  • Military Parachuting injuries including trauma from improper landings.

What Evidence Is Needed to Support Your Claim?

To support your military injury claim, you will need to make personal documents available including:

  • Military personnel file.
  • Military medical notes, detailing your injury and the treatment received.
  • Medical records documenting any medical treatment given in civilian hospitals.
  • Armed Forces Compensation Scheme file.
  • Incident reports and witness statements providing an official account of the circumstances surrounding your injury.
  • Any evidence of inadequate safety measures or faulty equipment which can help to establish negligence.

Additionally, if you are no longer serving, proof of the impact on your daily life and ability to work, such as documents showing missed workdays or reduced ability to perform daily tasks, can strengthen your case by demonstrating the injury's consequences.

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How Do You Know If You Could Have A Military Training Injury Claim?

If your injury was caused by failing to provide you with the proper training or equipment or supervision then you may have a claim.

This includes situations where proper safety protocols were not followed, where equipment was faulty or inadequate, or other instances of MOD negligence.

The process of finding out whether you have a claim begins with a free consultation with a member of our Military Injury & Accident Claims team.

Together we’ll review the details of your case before evaluating your legal options and eligibility to make a military training injury claim.

Our Military Injury Solicitors specialise in helping Armed Forces personnel successfully claim financial compensation for injuries suffered during service.

What Is The Military Training Accidents Claims Process?

If you've been injured in a military training accident, the claims process begins with a free, initial consultation to assess your case. We will discuss the details of your accident or injury, evaluate whether you have a valid claim, and let you know if you qualify for a No Win, No Fee arrangement. Once we’ve agreed to take on your case, we then send a formal letter of claim to the MOD to initiate the process of seeking compensation.

The claims process typically involves:

1.      Full Case Investigation

We’ll start by thoroughly investigating the extent of your injuries and the losses they may cause, evaluating all available evidence. This includes obtaining your military medical records, civilian hospital treatment notes (if applicable), your Armed Forces Compensation Scheme file, and your personnel file. The MOD will also conduct an investigation, which includes gathering relevant paperwork, speaking to any witnesses and contacting your unit to confirm details of the accident.

2.      Rehabilitation

If you need further medical care or support, we’ll help you access the necessary treatment and advice to aid your recovery.

3.      Calculating Compensation

We’ll calculate the compensation you’re entitled to based on several factors including the severity of your injuries, pain and suffering, medical expenses, and impact on your ability to work. We then present this figure to the MoD, who will then either accept liability or contest the claim.

4.      Case Resolution

If the MOD accepts that they are responsible for your injury, you’ll be awarded compensation. If they contest the claim, we will begin court proceedings. This doesn’t automatically mean your claim will go to trial, as most claims are resolved before reaching that stage. The court will manage your case, setting clear timelines for exchanging documents, witness statements, and expert reports. Regardless of whether your claim goes to trial or is settled outside of court, we’ll be with you every step of the way to ensure the best possible outcome.

Throughout the process, our goal is to secure the maximum compensation for your injuries, ensuring that you are adequately compensated for your suffering and losses. If you have any questions or wish to begin a claim, contact us today for a free, initial consultation.

Can You Claim On Behalf Of Someone Else?

Yes, you can file a claim on behalf of a family member or someone you have legal responsibility for if they are unable to do so themselves. This situation can arise when the injured party is incapacitated or has passed away due to their injuries.

When claiming on behalf of someone else, you could be entitled to compensation to cover medical expenses, loss of income, and other financial impacts on behalf of your loved one.

Making a claim on behalf of a loved one can be deeply upsetting. Our solicitors understand that when making a claim on behalf of a loved one you need trusted expert legal advice delivered sensitively, clearly and promptly.

What Is The Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (AFCS) is a government-funded compensation scheme run by Veterans UK. It provides financial support to current and former members of the UK Armed Forces who have suffered injury, illness, or death as a result of service.

The AFCS covers all injuries and illnesses sustained in regular and reserve forces on or after 6 April 2005, and provides compensation without the need to prove fault. Injuries or illnesses caused by service in the armed forces before 6 April 2005 are assessed under a separate program known as the War Pensions Scheme.

Compensation awarded through the AFCS is paid as a tax-free lump sum which is determined by a tariff system, ranking injury and compensation based on the severity and nature of your illness or injury. It ranges from £1,236 for minor injuries to a maximum of £650,000 for the most significant injuries.

For serious injuries, there are additional payments which you may be entitled to. Our specialist Military Lawyers will explain your options in full, ensuring that you achieve the best possible financial outcome.

With a wealth of experience, our specialist military lawyers understand the specifics of the AFCS tariff system, and how it could apply to your situation, which is crucial to ensuring the best possible outcome for you.

Can I Make A Civil Claim As Well As An AFCS Scheme Claim?

Yes, it is possible to make a civil claim in addition to an AFCS claim if your injury was caused by negligence.

While the AFCS provides benefits for injuries sustained during service, a civil claim can address the specific circumstances of negligence that led to your injury.

This dual approach can potentially increase the compensation you receive, as civil claims can cover additional damages not addressed by the AFCS.

Our Military Solicitors will help you understand your options and, if viable, will pursue both types of claims to ensure that you receive comprehensive compensation for your injuries.

What Can You Do If A Family Member Suffered A Fatal Military Injury?

Tragically, fatal accidents can occur during military training, leaving families devastated. If you've lost a loved one in a military training accident, you may be eligible to make a fatal accident claim for compensation on their behalf. This posthumous compensation can cover a range of expenses, including funeral costs, loss of income, and other financial impacts resulting from their death.

We understand the emotional toll of such a loss and are experienced in handling cases for family members, including husbands, wives, and other family members. Our solicitors will handle your claim with the utmost sensitivity and professionalism, providing a highly personalised service as we work to secure the compensation you deserve.

Any compensation awarded will help to replace the lost income that would have supported your household, offering some financial security during this difficult time.

How we helped someone who suffered a back injury from a parachute accident

Our Military Claims Solicitors are well experienced in helping Armed Forces personnel who have been injured in training accidents. Here’s just one example of how we have helped:

We helped our client to get compensation after he fractured a vertebrae in his lower back during a parachute training accident.

Resources & Organisations For People That Have Suffered Military Training Accidents

There are various resources and UK-based organisations that offer support to those who have suffered military training accidents.

  • Charities such as Help for Heroes, SSAFA and Walking with the Wounded provide a wide range of services, from financial assistance to emotional support.
  • Legal experts, like our team of Military Claims Solicitors, can offer bespoke guidance on pursuing compensation.

These resources are invaluable in helping injured service members and their families navigate the aftermath of a military training accident.

Is There A Time Limit For A Military Training Accident Claim?

Typically, you must file your claim within three years from the date of the injury or from when you became aware that your injury was related to military training.

This time limit, known as the statute of limitations, is important. Failing to file within this period can result in the loss of your right to claim. However, there are exceptions, particularly for injuries that become apparent only after some time.

AFCS claims must be submitted within seven years of the date of your injury or illness, or within seven years of the date you became aware of the injury or illness.

Our specialist solicitors will provide detailed advice on the time limits applicable to your specific case, ensuring that your military training accident claim is filed in a timely manner.

Will Claiming For A Military Injury Impact My Career?

As a member of the Armed Forces, you have a right to make a claim if you suffer a training injury due to negligence without it negatively impacting your military career.

Pursuing compensation for injuries sustained due to negligence or lack of proper safety measures is a legitimate means of addressing any failures in the MOD’s duty of care.

With years of experience handling military claims, our lawyers are here to listen to your concerns and offer guidance on how best to proceed.

We will handle your case discreetly and professionally, ensuring that your rights are protected throughout the process.

How Much Will It Cost To Claim?

You won’t need to pay any money upfront for your legal fees, but there may be additional costs, known as disbursements, such as court fees or expert report fees. These costs can be covered by an insurance product called After the Event (ATE) Insurance, which your case handler will explain in more detail.

You will sign a Conditional Fee Agreement (CFA) or a Damages Based Agreement (DBA), which ensures that if you lose your case, you won’t be responsible for our legal costs.

If you win, the other side will cover a proportion of our legal fees, though you may need to pay a portion from your damages. This amount is usually capped at a percentage that we agree in advance.

Ask our Military Claims Lawyers for more information.

How Much Compensation Could I Get If I Make A Claim?

The amount of compensation depends on the severity of your injury and its impact on your life.

Compensation can cover various aspects, including pain and suffering, medical expenses, loss of earnings, and the cost of any necessary adaptations to your home or lifestyle.

Each case is unique, and solicitors will evaluate the full extent of your injuries and their consequences to provide tailored advice and ensure you receive the maximum possible compensation.

Simpson Millar’s goal is to help you achieve a fair settlement that reflects the true impact of your injury.

FAQs

What is the first step if I suspect I have a military training injury?

If you have been injured whilst serving in the Armed Forces as a result of negligence, the first step is to seek medical attention to address your needs and document your injury.

Once you have received the necessary medical care, contact our Military Claims Solicitors for a free, initial consultation to discuss your case and its circumstances. We will help you understand your legal options and the next steps in pursuing a claim.

How long does it take to resolve a military training accident claim?

Processing times vary, typically ranging from a few months to over a year, depending on the complexity of the claim and the circumstances of the injury.

Factors such as the availability of evidence and the willingness of the MOD to settle can influence the timeline. Our solicitors will work diligently to avoid delays to your claim and keep you informed throughout the process.

What evidence do I need to support my claim?

You will need comprehensive personnel files, military and civilian medical records, incident reports, and witness statements.

Additionally, evidence of inadequate safety measures or faulty equipment will help establish negligence. Proof of the impact on your daily life and ability to work, such as documents showing missed workdays or reduced ability to perform daily tasks, is also important.

Our lawyers will assist you in gathering all necessary evidence to build a strong case.

Can I claim if the injury occurred while deployed overseas?

Yes, you can claim for injuries sustained during service overseas.

The same principles of negligence and duty of care apply, regardless of the location. Our team have experience in handling claims involving overseas deployments and can provide the necessary expertise to pursue your claim effectively.

How much compensation can I expect to receive?

The amount of compensation varies based on the severity of your injury and its impact on your life. Our experienced solicitors will evaluate the full extent of your injuries and their consequences before providing tailored advice aimed at ensuring you receive the maximum possible compensation.

How experienced are your solicitors in handling military training injury cases?

Our Military Law team consists of specialists with extensive experience handling military training injury cases, always acting in the best interests of our clients. We work on a national level, representing service members across the UK from all branches of the Armed Forces.

Our expert solicitors are highly skilled in navigating the complexities of military law and advocating for the rights of service members injured during training or duty. As a result, we have a high success rate in securing financial compensation for clients whose lives have been affected by military training accidents.

What should I do if my claim is denied?

If your claim is denied, we can help you understand your options, including appealing the decision or pursuing a civil claim. We will guide you through the process and work to ensure you receive the compensation you deserve.

How do I contact Simpson Millar to start my claim?

Call us today on 0808 239 0244 or request a callback, to arrange your free, initial consultation with our Military Claims Solicitors.

We understand that a military training accident can significantly affect your life. If you have suffered an injury during UK military service due to negligence or a lack of duty of care, we are here to help you claim the compensation you deserve.

If you have any questions or are ready to begin your military training accident claim, contact our dedicated team today.

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