Friday, 30 March 2012

Military injury claims - commonly asked questions

Here are some commonly asked questions on the subject of military injury claims.

Are members of the armed services eligible for such compensation?

The question of eligibility may depend very much upon the circumstances and that is why you may be advised to consult legally qualified experts such as BentleyAccident Claims.

In principle, however, as a member of the military you may have the right to progress accident compensation claims in situations where your employer may have acted negligently or recklessly.

Is it right to ask for compensation?

This is a difficult question and one that may arise frequently when dealing with public service minded people such as the military.

Only you can ultimately make such a decision, however, the law recognises your legitimate right to seek compensation in circumstances such as those mentioned above.  This may be extremely useful in helping you to recover from your injuries or to lead as normal a life as possible afterwards.

It may be your just entitlement and something that might prove to be important to your family.

What are the conditions of making a claim?

Each case is unique to the claimant and it may be difficult to make sweeping generalisations, however, you may typically find that you will need to be seen to have:
  • complied with all existing regulations relating to the use of safety equipment (there may be exceptions in situations where you were ordered not to or obstructed from so doing);
  • to have been behaving in a responsible fashion and in line with prevailing regulations;
  • to have been engaged in duties that were a legitimate part of your responsibilities (unless again you were ordered to the contrary). 
What will I need to support military injury claims?

There are no fixed rules on this but it may be sensible to:

  • take photographs of the environment, where this is practically possible under military regulations;
  • document, as soon as possible after the incident, the exact circumstances leading up to it and immediately afterwards;
  • ensure that you consult medical advice immediately where possible and keep precise notes of all such treatment, securing copies if practical;
  • try to obtain witness statements or the names and addresses of the witnesses concerned.
How much will this cost me?

Accident claim lawyers may be able to operate under a no-win no-fees arrangement.

If you win, you will typically need to pay nothing from the compensation awarded, as the responsible party will meet your legal fees.  There may be some minor administrative differences in this process under Scots law but the net result may be similar.

What is the next step?

To contact an expert claims injury lawyers with specialist knowledge of military injury claims.  You may be able to have an initial entirely non-committal discussion, where they may be able to help you understand the parameters of your situation and whether or not they believe you may be in line for possible compensation.