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Military Accident Claims

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Serving in the armed forces is naturally a dangerous occupation, and it is generally accepted that injuries and accidents will happen in the line of duty. However, your safety should be protected when you are not in a direct combat situation, and you should be provided with adequate training and equipment.

Armed forces personnel are entitled to a safe working environment and precautions that keep them safe. Therefore, if you have suffered from an injury or illness as a result of an employer’s negligence, you may be entitled to make a military injury claim for compensation.

Contact Wildwood Legal today to get in touch with one of our accidents at work solicitors who will be able to determine your eligibility and explain the legal compensation claims process clearly.

 

Health and Safety at Work Act 1978

 

Under UK law, each employee is protected under the Health and Safety at Work Act 1978. This Act requires specific things from your employer, some of which include:

 

· Providing any relevant training information in order for you to be able to fulfil your role

· Ensuring that any risks to your health whilst storing, handling or transporting work goods are reduced

· Ensuring that any environment the employer controls is as safe as possible for you to work in and does not pose a risk to your health

· Maintaining any work equipment and making sure that any defective equipment is repaired

 

If your employer has failed to put these measures in place and you have suffered an injury as a result, you may be entitled to make a military accident claim against them.

 

What can I make a military accident claim for?

 

There are many reasons that can lead to a military accident claim. Some of the more common causes we deal with include:

 

· Training injuries – You may have been unnecessarily harmed during a training exercise.

 

· Air accidents – These accidents can occur if you suffered an accident whilst flying a plane that had defects that you were unaware of

 

· Cold injuries – You may have suffered from cold-related injuries if you were not provided with adequate equipment or clothing to deal with low temperatures.

 

 · Defective equipment – Training with defective equipment can have serious consequences in the armed forces. Your employer is responsible for maintaining this equipment.

 

· Noise-induced hearing loss – This injury occurs when working with loud noise on a constant basis. Whilst this is unavoidable in the armed forces, your employer must provide ear protection to combat this.

 

 · Road traffic accidents – Faulty vehicles or reckless driving from other people can cause road traffic accidents when transporting troops or equipment.

 

All of these causes can result in medical discharge, which can affect your earnings and lifestyle dramatically. If you have suffered from one of the causes listed above as well as a variety of others, you should think about making a military accident claim.

 

Time limits for making military accident claims

 

The law on time limits for military accident claims is similar to most other personal injury claims. The general rule is that you have three years from the date on which you realised your injuries were associated with an accident in the military service.

There is no time limit for individuals that lack the mental capacity to make a claim themselves.

 

How are military accident claims calculated?

 

It can be difficult to determine the exact amount of compensation you will receive from the outset of your case. All military accident claims are unique; therefore, there is no set amount of compensation. A personal injury claim is made up of two areas, general damages and special damages.

 

General damages refer to the compensation you will receive for your pain, suffering and loss of amenity. These damages take the severity of your injury into consideration, as the more severe your injuries are due to negligence, the higher the compensation levels are likely to be. General damages also cover any costs you have incurred as a direct result of your injuries.

 

Special damages cover the financial impact the negligence has had. This includes loss of earnings which will depend on the severity of the injuries sustained and the type of role that you do. Special damages also cover any care and assistance that you may require, such as travel expenses, home adaptations and medical expenses.

If the defendant admits liability for your case, you may also be able to receive an interim payment, meaning that you could receive a part-payment of compensation during litigation. These payments are made by the other side before a case is settled in order to aid you to fund a number of vital things, such as assistance in daily living or urgent medical care.

If your family, friends or others have been required to provide you with additional care due to your injuries, then they may also be eligible to receive compensation for their time.

Visit Veterans UK and the ministry of defense website for more information on this.

 

How much do military accident claims cost?

 

We will always be 100% transparent about what our charges are; if we take on your case, we will almost always do so on a no win no fee basis (also known as a conditional agreement).

This means that if you do not win your case, you do not pay us any fees at all. If we win the case, we take a small percentage of your compensation, which we will agree with you beforehand, to cover our costs.

We will never ask you to sign anything until you are completely happy with what it is that we are proposing.

 

How can Wildwood Legal assist with military accident claims?

 

We understand that military accidents can be extremely traumatic for active service personnel. Therefore, if you are a member of the armed forces and have been injured due to negligence, we are on your side.

We value the opinion of our clients. We will always listen to you and take on board what you say. With 25 years of experience in personal injury law, we can give you the legal advice you need on military claims. We always strive to put you at ease and explain the process clearly.

Our aim is to obtain a great outcome for your case, we value the opinion of our clients, and we will always listen to you and take on board what you say. Most importantly, we are on your side.

Our law firm is authorised and regulated by the Solicitors Regulation Authority; therefore, we provide everything that is needed to meet their high standards, meaning that we are a trusted law firm. Our legal services are registered in England and Wales and have registered offices in Harrogate and London. To make an enquiry in order to start a claim, get in contact with us either email us info@wildwoodlegal.co.uk or call us 01423 209 046.

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If you are thinking about making a claim, we would love to hear from you.  We will give you clear, honest advice.

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