FAQs: Military Accident Compensation Claims Advice
FAQs: Military accident compensation claims advice
You can start your military accident claim with Pannone today, or read the FAQs below to find out more about our service.
Fees- How will my claim be funded?
Various options are available, which we will be happy to discuss with you in more detail:
- conditional fee agreement (‘no win, no fee’ agreement)
In certain circumstances your claim can be funded by a ‘No Win, No Fee’ agreement. Most personal injury claims are now funded in this way. However, this is not an option for CICA claims.
- contingency fees
CICA claims tend to be funded in this manner. The basis of the arrangement is that we do not charge anything if your application to the CICA is unsuccessful, but we take a fixed percentage, which we will agree with you, from your damages – usually no more than 25% – if your application is successful and an award is made. This is a common method of funding a claim to the CICA because the CICA does not make any awards towards your own legal fees, and as a result ‘No Win, No Fee’ agreements are not available to fund an application to the CICA.
- legal expense insurance
We will check whether you have a policy of legal expense insurance, which will cover the costs associated with your claim. Very often LEI is attached to policies of insurance you have already, such as household buildings and contents insurance, life insurance, private health insurance, etc.
- public funding (Legal Aid)
Public funding is no longer available for most types of personal injury claims. However, subject to the claimant’s means, public funding may be available in certain cases, e.g. where the claim involves clinical negligence (including failure to identify and treat PTSD), allegations of false imprisonment or sexual assault, or where a novel point of law with significant public interest implications is at stake. Also, public funding may be available for certain inquests or inquiries.
- private funding
We can offer private funding in appropriate cases, but this will rarely be necessary, as usually the claim will be funded by one of the methods above.
What is the time limit to bring a claim?
It is important to be aware of time limits for claims. Most personal injury claims must be started at court within three years of the date of the accident.
However, if the injury is a disease, for example asbestosis, the claim must be brought within three years of the victim knowing of the injury. In exceptional circumstances these time limits can be set aside.
Claims to the Criminal Injuries Compensation Authority must be made within two years of the assault. Certain claims against the MOD in respect of assaults committed by service personnel may attract a time limit of six years, but this cannot be set aside.
There is a time limit of five years to bring a claim under the Armed Forces Compensation Scheme.
In cases involving failure to diagnose and treat post traumatic stress disorder, the time limits can be complicated and you are advised to seek advice from a specialist solicitor.
How long will it take to bring the claim?
It is very difficult to answer this question as many accidents arising in the course of military service have complex technical causes, relating to equipment failures, unsuitable instructions from commanding officers or inappropriate demands being placed on service personnel. Such claims are not easily won. Independent expert evidence is often necessary to progress a claim. In addition, seeing the appropriate disclosure from the MOD, e.g. Boards of Inquiry reports and court martial transcripts, can be critical to winning the case. For these reasons, it is essential to obtain legal advice from a specialist solicitor with the knowledge, skill and resources to fight a claim against a large government department like the MOD.
Will I be able to keep 100% of the compensation?
If we fund your case on a 'no win, no fee' basis then yes you will be able to keep 100% of your compensation. This will be the arrangement in the majority of cases.
If your case is funded via a contingency fee arrangement, which is usual for CICA claims then if the case is successful we take a fixed percentage, which we will agree with you, from your damages – usually no more than 25%.
Can I bring a personal injury claim and a claim under the Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme provides benefits for illness, injury or death caused by service on or after 6 April 2005. The scheme is a no fault scheme and claiming under it would not preclude a negligence claim against the MOD. The award for damages would be set off against each other as there can be no double recovery of damages.
Will I lose my job if I bring a claim against the MOD?
We understand that this is a major concern for many service personnel, but please be reassured that an employer is not allowed to dismiss you from your job because you are injured in an accident at work. You are able to bring a claim against the MOD whilst still a member of the services and the MOD has insurance to cover claims so the burden will not be on your regiment or troop if you decide to pursue a claim.
I have been recommended for promotion, what if I bring a claim and lose my chance at being promoted?
Technically the MOD is not allowed to fail to promote a member of the armed services because a claim is being pursued against them. If you bring a claim against the MOD and are not promoted as expected then we can apply for your personnel records from the MOD and investigate whether or not the lack of promotion can form part of your claim against the MOD.
Will I be able to claim out of pocket expenses?
Certain expenses, such as travel expenses and medical expenses can be claimed. This will be discussed in more detail once you have contacted Pannone.
I am not based near Manchester - will I have to visit your offices?
If you are unable or do not want to have a meeting with a solicitor at our offices, we can meet you at a place convenient for you, and if you are serving overseas, we can deal with much of the case through e-mails, telephone and letters.
Military injury claims
For a free 'no obligation' discussion with a solicitor that specialises in military injury claims, please click here or call us free on 0800 0384 384.
We are available to take your call twenty four hours a day, seven days a week.