Military Claims

FAQs

• What is PTSD?

  It is not unusual for members of the armed forces to suffer with Post-Traumatic Stress Disorder (PTSD). It is a condition that our military solicitors are all-too familiar with. Some of the symptoms include mood changes and avoidance behaviour. For current or former members of the armed forces, another common symptom is reliving or flashbacks to previous trauma.

  PTSD can have a serious impact on you or a loved one. As such, it is important to get swift and appropriate treatment – something that can be helped by making a PTSD compensation claim.

• What is the Armed Forces Compensation Scheme?

  The Armed Forces Compensation Scheme (AFCS) provides compensations for any injury, illness, or death caused in the line of service from 6 April 2005 onwards. There are two types of awards:

  • A lump sum payment to reflect your pain and suffering
  • A tax-free, Guaranteed Income Payment (GIP) each month

  One drawback of the AFCS is that it does not necessarily factor in your specific circumstances. As such, it may still be worth contacting an experienced UK military solicitor to bring a civil claim.

   

   

• How much compensation could I receive?

  Armed Forces Compensation scheme levels are defined by The Armed Forces and Reserve Forces (Compensation Scheme) Order 2011. The tariff-based amounts are based on 15 levels – each of which are designed to reflect the increasing severity of an injury (one being the most severe).

  By making a military claim with Bolt Burdon Kemp, however, the compensation you may receive is based on factors that are personal to you. In addition to recognising your pain and suffering, it would also consider any financial costs or losses you incur – such as your ability to still serve.

• How common are military injury claims?

  Even as a member of the armed forces, you may be entitled to compensation if you are injured in the line of duty. For 2021-22, government statistics reveal that more than 5,800 claims were made under the AFCS. Our military solicitors also have a depth of experience in acting for many current and former service personnel in civil compensation claims.

• How do I make a military claim?

  Our team’s aim is to make your armed forces compensation claim as simple as possible. This is what you can expect if you believe you have a case:

  Get in touch

  You can talk to us in confidence about your injury and how it occurred. Our specialists will then advise if you do have a claim – and what comes next. Your initial consultation is free and there will be no obligation. So, call us on 020 3740 6647 or use our online form.

  Funding options

  We know that you might have concerns about the costs of bringing a claim. That is why our next step will be to let you know what your funding options are. Our military solicitors can often act on a “no win no fee” basis if you have a claim.

  Obtaining records

  We will ask to see copies of your service record, medical records, GP notes, and accident reports. The aim of this is to help us ascertain how your injury was caused and whether they support advancing a case for negligence.

  Expert opinion

  We will ask medical and/or accident reconstruction experts to compile detailed reports about your case if the records (above) support your armed forces compensation claim.

  Rehabilitation

  Your solicitor will contact the Ministry of Defence (MoD) and tell them that a claim is being made. It may also be that your solicitor will ask the MoD for support towards your rehabilitation.

  Letter of claim

  We will send the MoD a formal “letter of claim” when we have all our expert supporting evidence in place. Our guide to the claims process will give you more insight into what you can expect.

• Will making a claim harm my career in the armed forces?

  No. You do not need to wait until you have been discharged to make a military injury claim – nor will doing so harm your career. There is an understanding that service personnel are asked to do a hazardous job in challenging conditions.

  The MoD also has robust rules that are designed to prevent any discrimination against a serving member who makes a claim. In addition, claims are subject to a statute of limitation. Waiting to make a claim until you are no longer in the forces can be too late.

• Are there time limits for making a military injury claim?

  Like other personal injury claims, there can be strict time limits for making a military claim. You usually have three years from the date of the incident that caused the injury.

  Of course, it is possible that an injury may be undiagnosed for some time. If so, the three-year limit starts from the “date of knowledge”.

  We’re here to help if you’re not sure what time limits, if any, might apply to your claim. But it’s typically a good idea to start a claim as soon as you think you have one because the details will be more fresh in your mind. Speaking to a solicitor as soon as possible will usually ensure you have clarity about the time limits that apply to your case.

   

   

• How can armed forces compensation help me?

  The impact of living with conditions such as PTSD or hearing loss can touch all parts of your life. It can also affect your loved ones. What our military solicitors do, however, is help you to obtain the compensation that can make a real difference to your quality of life. It could help you to pay for ongoing treatment – or support you and your family if you are unable to work.

• How much does a military solicitor cost?

  At the start of the claims process, we will talk to you about your funding options – and any costs that may be involved. It is usually possible, however, that we can fund your military injury claim on a no win no fee basis. If so, this means you do not pay anything if your claim is unsuccessful. If you win, the majority of the costs of your military solicitor will be paid for by the defendant (usually the Ministry of Defence).

• I have started a claim – but I'm not happy with my current military solicitor

  You are not obliged to stay with your current military solicitor if you are not happy with the level of service you are receiving. You can change at any point. Armed forces compensation claims are stressful enough without having to endure the frustration of poor service.

  Call 020 3740 6647 or use our online form if you wish to talk to Bolt Burdon Kemp about moving your claim to us. If you think we are the right military solicitors for you, we can liaise with your former solicitor to ensure a seamless transfer of information.

  You may still need to pay your old solicitors for any time they spent on the case. This is another area in which we can help. See our guide to moving solicitors for more information.