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Civil Liberties & Human Rights

Personal Injury in The Military

Susie Labinjoh
Susie Labinjoh
Alice Hardy
Alice Hardy
Jocelyn Cockburn
Jocelyn Cockburn
Nancy Collins
Nancy Collins
Sasha Barton
Sasha Barton

If you serve in the Armed Forces, the Ministry of Defence is legally responsible for ensuring you’re provided with safe and suitable equipment, given proper training and competent properly trained colleagues who don’t put you at risk.

Hodge Jones & Allen is renowned for its pioneering work defending the rights of military personnel. We won a landmark case in 2013 (the Snatch Land Rover case) which decided that the MoD may be sued in negligence due to poor equipment.

Our extensive knowledge of military injury claims allows us to hold military authorities to account when they have acted unlawfully.

Types of personal injury in the military

You may have a case for compensation if you suffer an avoidable injury in the course of duty, for example due to:

  • Training exercises and operations abroad
  • Faulty or inadequate equipment
  • Traffic accidents
  • Poor training
  • Air accidents
  • Poor medical care
  • Inadequate response to post traumatic stress disorder
  • Negligent downgrading
  • Hot or cold conditions
  • Assault, bullying and harassment

Our skilled Personal Injury solicitors go to huge lengths to secure the maximum compensation our clients deserve. We secure futures and help rebuild lives. We also work hard to get to the bottom of what went wrong and hold those responsible to account, arguing for changes in procedure to stop others from suffering in similar circumstances.

We advise on making a claim through the Armed Forces Compensation Scheme, and we can appeal their decisions. The scheme provides compensation, regardless of fault, across the full range of circumstances in which illness, injury or death may occur due to service.

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Post Traumatic Stress Disorder

Post-Traumatic Stress Disorder (PTSD) and other mental health issues, can affect members of the armed forces. Being exposed to very extreme and life threatening situations can cause PTSD. The MoD must put in place necessary measures to treat those that are affected and should be alert to the signs and symptoms, including anger and alcohol problems.

Unfortunately, sometimes the MoD’s response is inadequate. We’re currently representing a client who was deployed on active service again whilst suffering from PTSD because it was undiagnosed. We have a long-standing record of helping military personnel and their families with claims for compensation against the Ministry of Defence for PTSD.

This debilitating condition can severely affect your quality of life. It can have a negative impact on your finances and earnings, and also your own future mental health. If you have been involved in a traumatic event whilst in the military, and you are now suffering from PTSD, you should contact us for advice on making a personal injury claim for compensation.

The financial compensation that you may receive will be awarded to assist with the distress and pain you’ve suffered. It will help cover any loss of earnings including assistance to pay for rehabilitation and therapy costs.

Our specialist Personal Injury team is skilled in this complex area of law and we can get the answers needed to build the best possible case for compensation.


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Featured cases

Hodge Jones & Allen has acted for members of the armed forces in these recent cases:

  • We represent a former Royal Marine in his claim for compensation from the MOD. Due to an incident on a military base, this left him with permanent hearing loss and tinnitus. Our client has since been medically discharged from the Royal Marines and left unable to continue with his military career as a result of the injuries suffered.
  • We’re engaged in a highly complex compensation claim on behalf of a soldier who suffers from severe fibromyalgia (widespread pain) caused by injuries during a training exercise. Fibromyalgia can be an unbearable condition, as it is in his case, and we’re assisting him in seeking compensation and long-term care provision.
  • A member of the Armed Forces suffered a fractured shoulder when the brakes failed on the quad bike he was riding. He was provided with the bike to set up an army training exercise. We are currently representing the soldier in an on-going claim for compensation.

Meet Jocelyn Cockburn, Military Claims expert

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Frequently Asked Questions

Do I have a claim?

This depends on a number of different considerations which is subject to the type of case you wish to bring. Our military department takes on an array of personal injury, human rights and employment cases. Contact us to discuss the circumstances of your case and whether or not we can assist.

I was injured at the firing range because of faulty equipment, what can I claim for?

Being injured as a result of being provided with faulty equipment means you could have a claim against your employer.

You could claim damages for any injury you suffered as a result, as well as any financial losses you incurred, such as loss of earnings or the cost of care you required.

For a claim to be successful, we would need to show that the equipment was faulty and as a result you were injured. Our specialist lawyers can help you to obtain evidence in this respect.

My son died while serving in the military, he was healthy. How did this happen?

There will likely be an Inquest held which will examine the circumstances of your son’s death.

Our lawyers are specialists in assisting bereaved families to deal with Inquests into their loved one’s death. We help you obtain documentation from the Ministry of Defence, represent you at the Inquest itself, and support you in answering the questions you have about how your son died.

Families are often advised by the Ministry of Defence that they don’t need solicitors representing them at an Inquest, however we don’t agree. Contact us so that we can discuss how we can assist you with this process.

When can I make a claim for compensation?

You must normally make a claim within 3 years of the date of your injury. However, if your injury happened on a ship or in an aircraft, special regulations apply and in some circumstances you must make a claim within 2 years. We would always advise that you take immediate advice when you have had an accident so you can be clear about the time limits you face should you make a claim.

Can I make a claim when I am serving in the Armed Forces or do I have to wait until I leave?

You can make a claim for compensation while you are still serving in the Armed Forces, and you don’t need to wait until you leave. Making a claim for compensation while you are still serving shouldn’t affect your military career, this has been confirmed by a statement made by Baroness Taylor in the House of Lords.

Can I make a claim for compensation if I have already made a claim under the Armed Forces Compensation Scheme (AFCS)?

Yes, you can but if you are awarded money under the AFCS you will have to give credit for it if you later receive compensation under a civil claim against the Ministry of Defence. We would always advise our clients to make an application under the AFCS (if appropriate) because it’s a non-fault scheme that can provide early financial assistance if you’re suffering a loss of earnings due to your injuries.

The specialist military team at Squaddie Claim have over 25+ years’ experience dealing with personal injury claims on behalf of Armed Forces service personnel. Our expertise in military injuries, the military covenant, military life, the Armed Forces Compensation Scheme and Armed Forces Compensation Trusts equips us with the ability to tirelessly pursue the compensation you’re entitled to.

Can I claim for loss of earnings and loss of pension if my injuries mean I cannot continue my military career?

If you have a civil claim against the Ministry of Defence, and your injuries have ended you military career earlier than expected, then we would fully investigate and advise you on any future loss of earnings and pension loss that could be included in your claim.

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"I am happy to recommend HJA to anyone. My solicitor was helpful, courteous and knowledgeable and provided good guidance throughout the duration of my case."