Military Claims INJURY & NEGLIGENCE SPECIALISTS

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1 Military Claims INJURY & NEGLIGENCE SPECIALISTS

2 Injury & Negligence They got the result I wanted, which made what was a difficult time much better for me and my family. *Steve (Merseyside)

3 WELCOME TO PANNONE PART OF SLATER & GORDON *Steve was on active service in Iraq when he was injured in an overturning Land Rover. I was a passenger in an army Land Rover in Iraq when the driver suddenly lost control and the vehicle overturned. I suffered an acute injury to my abdomen which led to my ruptured spleen being removed. Although I ve since made a full recovery, I will require antibiotic therapy together with repeat vaccinations for the rest of my life. I chose Slater & Gordon as they specialise in military claims and I m glad that I did. Their service was excellent and they always made me feel valued and in safe hands. They got the result I wanted which made what was a difficult time much better for me and my family. I wouldn t hesitate in recommending them. Steve (Merseyside) *names have been changed for the purpose of anonymity 03

4 Injury & Negligence MILITARY CLAIMS An increasing number of service personnel are injured during the course of military service. These injuries may be accidental, or caused deliberately. This is a brief guide to inform you of your legal options and the remedies available to you. HOW DO I KNOW IF I HAVE A CLAIM? The law is complex and is often changing. It is always necessary to seek the advice of a solicitor who specialises in these types of cases. Not every claim arising from a military injury would be made against the Ministry of Defence (MOD). However, the MOD is the employer for the vast majority of service personnel. In order to bring a claim against the MOD it would usually be necessary to show that the incident was caused, or was partly caused, by their negligence or the negligence of someone employed by them. I always had every confidence in my solicitors. No complaints whatsoever. Quote about Pannone part of Slater & Gordon, from Mr W (Stockport)

5 DO I HAVE A CLAIM IF DEFECTIVE EQUIPMENT CAUSED MY INJURY? If the injury occurs as a result of defective equipment, a claim can be brought against your employer, including the MOD, even if the fault could not have been detected. DO I HAVE A CLAIM IF MY INJURY OCCURRED WHILST I WAS OVERSEAS? As many service personnel are stationed abroad, many injuries occur whilst they are overseas and it is still possible to make a claim. There may however be a choice of jurisdictions where the claim could be made. If the claim is against the MOD, the claim would probably best be brought in England or Wales as damages here are higher than most jurisdictions. However, we would need to consider other possibilities as, for example, some states in the US offer higher damages. We will advise you on this. 05

6 Injury & Negligence THE ARMED FORCES COMPENSATION SCHEME (AFCS) The AFCS provides compensation for any injury, illness or death which is caused by service on or after 6 April It is available to all current and former members of the UK Armed Forces, including reservists. A claim can be made during or after service and should be submitted to the Service Personnel and Veterans Agency, explaining the extent of the injury or illness and the circumstances of any incident which may have caused it. This will then be considered for further evidence, although in some circumstances, if you have been medically discharged, it will be automatically considered without the need to make a claim. Any payment awarded does not equate to an admission of fault. Whilst there are exceptions, the claim should be made within 7 years of the incident. In the event of a service related death, the scheme will pay compensation to an eligible partner and children.

7 Lump Sum Payments are awarded for pain and suffering, with the amount depending on the injury. Supplementary awards are also considered under this payment. For serious injuries or illnesses which may cause a significant loss of earning capacity, Guaranteed Income Payments may also be awarded. There are situations in which it may be possible to apply for a fast payment in order to receive financial support as quickly as possible following the injury. If your injury or illness has worsened since a decision was made, there are circumstances in which the decision could be reviewed. If you are unhappy with a decision, it is possible to apply for reconsideration and if still unsatisfied, appeal to an independent tribunal. We can advise you about claims under the AFCS. The staff were amazing. Everyone I dealt with was well above what I expected. Quote about Pannone part of Slater & Gordon, from Mr G (Oswestry) 07

8 Injury & Negligence AM I ABLE TO CLAIM FOR PSYCHOLOGICAL INJURIES? Many claims against the MOD are in relation to Post Traumatic Stress Disorder (PTSD) caused as a result of military combat. In order to win a case involving PTSD it must be proved that the MOD negligently failed to treat this condition. In 2005 we fought and won the first ever successful case against the MOD for their failure to identify PTSD, the case of Malcolm New. Malcolm was awarded 620,000. AM I ABLE TO CLAIM FOR INJURIES CAUSED BY AN ASSAULT? It is possible to make a claim when a service man or woman is assaulted by a fellow military colleague, as the employer is liable for the acts of its employees. If you were assaulted by someone outside of the services, whilst in the UK or in its territorial waters, a claim known as a CICA Claim may be brought under the Criminal Injuries Compensation Scheme. If it happened whilst overseas, a claim may be brought under the MOD (Overseas) Criminal Injuries Compensation Scheme, which is specifically for service personnel. For further information about CICA Claims, please ask for our CICA Claims Guide.

9 DO THE MOD HAVE IMMUNITY FROM HAVING A CLAIM BROUGHT AGAINST THEM? There are certain cases where the MOD would be immune from having a claim brought against them: Crown Immunity: The MOD is immune from any claim by service personnel where an injury/incident, caused by their negligence, took place before 15th May This means even if the injury was caused before 1987 but the injury was not apparent until after that date e.g. asbestos related illnesses, you cannot claim. Combat Immunity: The MOD is immune from any claim by service personnel in respect of an injury/incident which has occurred during the course of combat. However, the MOD have sometimes been known to make ex-gratia payments in certain situations, so you should always seek legal advice. I was nervous and apprehensive about starting a claim, but my solicitors made every effort to put my mind at ease Quote about Pannone part of Slater & Gordon, from Mr G (Macclesfield) 09

10 Injury & Negligence Jennifer Maloney, Local Practice Development Leader & Serious Injury Specialist MAKING A CLAIM Jennifer Maloney, Local Practice Development Leader and Serious Injury Specialist, explains what is involved with making a claim. We know from years of experience how an injury can change your life and affect your family. We are here to support you. Our specialist solicitors will fight to prove your case and to get you the best possible result. Talk to us Call us for a free, no obligation consultation with one of our team, which includes a qualified nurse and a midwife. We can discuss what has happened to you or your loved one and how we can help. Funding a case We understand that the cost of legal advice can be a worry, but if you do have a claim there are a number of options available to fund your case including no win, no fee. For more information on funding options, please ask for our funding booklet.

11 My priorities are to ensure that my clients get the best possible service and the best possible outcome. Jennifer Maloney, Local Practice Development Leader Investigation For your case to succeed, we have to prove that your injury or condition was the fault of another person. We will work with you to gather the evidence to support your claim. This will include taking witness statements, obtaining relevant documents including medical records and instructing independent experts to report. Support during your case We are specialist solicitors who are classed as leaders in our field of law and we are here to provide you with support and guidance throughout your case. In some cases, where we have proved the defendant was at fault, we can obtain financial assistance for you in the form of an interim payment of compensation. Interim payments can help with the cost of private medical treatment such as surgery or counselling and in some cases the money can pay for rehabilitation, adapted accommodation, equipment and professional care. 011

12 Injury & Negligence WHAT WILL IT COST? Don t be concerned about the cost. You may have legal expense insurance under an existing policy which will entitle you to free representation. We will check this for you. If you don t have legal expense insurance under an existing policy, we will represent you under a No Win, No Fee Agreement. This means if your case fails, you do not have to pay anything. If you wish to bring a CICA Claim under the Criminal Injuries Compensation Scheme, this can be funded under a Contingency Fee Agreement. This means that if your case fails we do not charge you anything. However if your case is successful we will deduct our fees from your damages payment. This amount will be agreed with you prior to settlement and is usually no more than 25%. Please speak to us further about your funding options.

13 WHAT ARE THE TIME LIMITS? Please note, you must make your claim within 3 years from the date of the accident or 3 years from the date you were diagnosed, if your injury is a disease (such as an asbestos related disease). However, in exceptional circumstances, for example assaults leading to psychological injury, these limits can be set aside. Claims to the Criminal Injuries Compensation Authority must normally be made within 2 years of the assault. Given that various time limits do apply, it is important that you speak to a solicitor as soon as possible. I had no hope until I spoke to them. They made everything possible. Quote about Pannone part of Slater & Gordon, from Hazel Kelly (Merseyside) 13

14 Injury & Negligence I would definitely recommend them to anyone. Quote about Pannone part of Slater & Gordon, from Anthony Brogan (Manchester)

15 CONTACT US Highest quality advice (ranked in top tier by leading independent legal guides Chambers and Legal 500) Free no obligation consultation Experienced specialist solicitors and principal lawyers who are Leaders in their field We have a range of funding options including no win no fee. National UK coverage and home visits Offices in Manchester and London For more information, or to discuss your claim, please do not hesitate to contact us richard.scorer@pannone.co.uk Pannone part of Slater & Gordon have offices nationwide. To find your local office visit For further information, please go to: 015

16 For more information, or to discuss your claim, please contact us on or Slater & Gordon (UK) LLP is authorised and regulated by the Solicitors Regulation Authority.