
Injured in the Armed Forces? Don’t miss your deadline to make a claim
Any injury sustained while serving in the Armed Forces can cause stress, financial worries and potentially a change to your career. And if you believe the injury may have been caused due to negligence this can add even more of an emotional burden.
If you’re told a potentially negligent injury is likely to be long term, it’s important you take advice as soon as possible to be able to work out your options and keep within time limit deadlines.
A solicitor can advise on the options available to you which may include:
- Civil claims in personal injury or medical negligence;
- Claims under the Protection from Harassment Act;
- Criminal Injury Compensation Authority; and
- Claims under the Armed Forces Compensation Scheme.
Here we take a look at some steps you can take to best secure your future.
Time limits
It’s important to note strict time limits are in place to bring a claim for personal injuries, clinical negligence and bullying and harassment.
Time limits vary and it is always best to consult a solicitor as soon as possible to clarify the limitation person related to your claim. If you do not bring a claim in time (within the limitation period) you will lose your right to compensation.
Some time limits can be as little as two years, so it’s critical you don’t wait to obtain advice.
Evidence
To assist with investigations into whether your medical condition was caused due to negligence it is advised you obtain as many facts as possible. Disclosure includes copies of your service records, for example military medical records, personnel records such as reports, SJARs and accident report forms.
To request your records, you will need to complete a subject access request (SAR).
Under General Data Protection Regulation (GDPR) all subject access requests must be completed within 30 calendar days of the request being made. In our experience there have been significant delays owing to a backlog within the MOD’s disclosure department having increasing requests. It is therefore advised you request your records as soon as possible.
Importantly, if you wish to submit an Armed Fores Compensation Scheme application you will need to provide Veterans UK with your medical records as proof of your injury and/or illness.
Additionally, it is helpful you obtain details of witnesses willing to give a supportive witness statement at an early stage. A witness could include a witness to your accident, a family member or a friend. It is key to obtain witness statements early to ensure an accurate record is obtained of the events which will form your supportive evidence.
Armed Forces Compensation Scheme
An award under the Armed Forces Compensation Scheme for claims for injury or illness must be made within seven years in the following incidents:
- The date of the incident leading to the injury;
- The date on which an injury or illness not caused by service was made worse by service;
- The first date of seeking medical advice for that illness and or date of discharge.
Often confusion can arise between the time limits brought for a civil claim and an Armed Fores Compensation Scheme claim.
Eligibility for an Armed Fores Compensation Scheme award only requires proof of an injury – unlike when you bring a civil claim, there is no requirement to prove your injury was caused by negligence during service.
We recommend you seek advice from a lawyer specialising in compensation for personal injury as soon as possible after your accident or date of knowledge of your injury owing to the strict time limits.