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compensation following an accident
illness or injury - nationwide
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It is not only possible for members of the armed forces to suffer injury in the theatre of war, it is also possible that they might suffer injury in more mundane circumstances, such as in training exercises or while working in the office. Typically, injured servicemen will seek to secure damages through the Armed Forces Compensation Scheme; however, in some instances injured soldiers may instruct personal injury solicitors to launch claims through the civil courts.
For example, in 2009 a soldier who suffered hearing loss and tinnitus as a result of a sudden loud explosion during a training exercise brought a civil claim against the Ministry of Defence.
Although this was only made possible by a number of factors, including a previous admission of liability from the MoD, the case highlighted the disparity between settlements awarded under the terms of the Armed Forces Compensation Scheme and those obtained through the civil courts system with the assistance of personal injury solicitors.
The reasons for taking the civil course can be obvious: the maximum sum the soldier could have hoped to obtain through traditional MoD channels would have been £23,100, whereas the settlement awarded him at Newcastle County Court was for a total of £328,941. This included a component for loss of future earnings.
The judge explained, "I accept the claimant form an early age developed an ambition for an army career.
"He was an army cadet at school and had an ambition to qualify as a pilot.
"I am satisfied it was his intention to continue in this career for the full 22 years, more probably than not he would have stayed in that career."
While an MoD spokesperson helped explain some of the differences between MoD awards and those obtained in the civil system, "The MoD regrets the impact this injury has had on the individual. We have admitted liability, and the compensation should not be confused with money paid through the Armed Forces Compensation Scheme, which pays out tax free lump sum payments for all service related injuries no matter what the cause, and additional ongoing monthly payments for the most seriously injured. We have started a review of the AFCS to ensure it meets the needs of our personnel."
Leading personal injury solicitors - cost free accident compensation claims
If you have suffered injury in accident that was caused by another party, claiming compensation is your civil right.
YouClaim leads the way in injury litigation, offering a cost free service (with the exception of medical negligence-related claims, where some costs are unavoidable).
As any person who has been through the traumas of accident injuries will know, pain, lost earnings and medical expenses all take their toll. Although a damages claim cannot reverse the clock, it can ensure that you are compensated for your losses and offered a chance at the best possible rehabilitation.
We deliver winning clients 100% compensation, and in all unsuccessful cases protect claimants from costs incurred by the opposing side.
Our legal advisors are ready to take your call, on 0800 10 757 95.
Alternatively, echat or complete claim form.
All are personal injury solicitors are governed by the SRA.
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