Armed Forces & Personal Injury Claims

There are almost 200,000 UK armed services personnel, which means that the MOD is a major employer.

Personal injury claims brought on behalf of armed forces personnel bring a number of complexities, both in relation to legal liability and quantification of loss, particularly in cases of significant injury which either impair or end a military career.

Claims on behalf of armed forces personnel can arise from the actions of the MOD as an employer or the actions of civilian third parties (Road traffic accidents, public liability).

By virtue of the principle of Crown Immunity, claims could not be brought against the MOD by serving personnel until the principle was repealed in 1987. The present position is that no claim can be brought by a member of the armed forces in respect of tort(s) arising during service prior to February 1987. Cases previously defeated by Crown Immunity are now likely to be fewer in number as there are unlikely to be many remaining armed forces personnel who were in service before February 1987.

In cases against the MOD it is important to determine whether the situation gives rise to a duty of care on the part of the MOD and if so, whether that duty has been breached, however it should be noted that each case will turn upon its own facts and an assessment of same by a solicitor and or counsel.

Should an accident have an adverse effect upon a military career, the value of these claims can be significant and therefore require a solicitor with understanding of military career structure, remuneration and pension schemes, though the detail of quantification is generally the subject of expert evidence.

The expert will have to assess and provide an opinion as to the claimant’s career prospects but for the occurrence of the accident. The Claimant’s service and medical records will therefore be crucial in such cases.

The assessment of a claimant’s career prospects is dependent upon: intended length of service; periodic physical and mental fitness assessments (referred to as PULHEEMS assessments); disciplinary record; records of appraisal.

If the claimant’s military career prospects are curtailed or ended entirely, awards of damages for loss of earnings and pension can be significant, particularly to a claimant who is invested in a long term career beyond the minimum length of service and who may also be considered a strong promotion candidate.

Armed Forces pensions are, in general terms, linked to that member’s earnings and therefore loss of pension claims can be substantial. There are a number of pension schemes dependent upon the date of enlistment, some of which are based upon final salary, however the more recent schemes provide pensions and lump sums based upon earnings throughout their career. The various schemes and the basis of calculation highlight the importance of expert evidence in these cases.

Other allowances or benefits may also increase the value of the loss of earnings claim, such things may include: accommodation; overseas operational allowances, campaign continuity payments for long assignments.

It is therefore crucial that members of the armed services seek expert legal advice at an early stage if they have suffered personal injuries, either caused by the MOD or a third party, in order that careful preparation of the case may be undertaken.

With our office at Catterick Garrison we represent a large number of Armed Forces personnel and expertise in Personal Injury, our team are available to explore your injury and whether you may be able to bring a claim for compensation as a result.