Injury from Friendly Fire Claim
- April 7, 2021
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Injury from Friendly Fire Claim. Have you been injured while on operation due to friendly fire or due to problems with your kit or equipment If so, you may be entitled to compensation. While the legal system in England and Wales prevents civil claims for negligence while in active combat, the MOD is required to carry out a risk assessment and ensure the risk of injury to you is reduced to the lowest possible level.
If you are injured deliberately or negligently by a fellow comrade then the MOD may be vicariously liable for their actions meaning you may be entitled to compensation regardless of having to prove fault. The MOD, like any other employer, will be held liable for any act committed by an employee during the course of their employment.
Before you go on operations there should be an assessment of your suitability to participate. If you are downgraded prior to operation then any failure by your chain of command to follow your medical appendix which has resulted in injury may mean you are entitled to compensation for civil damages.
Court proceedings must be commenced against the MOD within 3 years of the date of your injury being significant and caused by somebody’s negligence. This time limit can be extended by the court in exceptional circumstances. It is very important to avoid delay.
A claim under the Armed Forces Compensation Scheme (AFCS), which does not require you to prove fault, must be lodged within 7 years of the date of an injury being caused or made worse by your service. In the event, you receive an AFCS award and you also claim civil damages, then the principle of abatement will apply and you will need to give credit for any payments as you cannot be compensated twice.
What you can claim
As well as your physical injuries we will seek compensation for any mental trauma you may have sustained as a result of the incident(s). In addition, we will seek compensation for any treatment or rehabilitation you may need due to the injuries sustained.
You may find your career has been restricted or be medically discharged as a result of the injuries. In such an instance, we would recover past as well as future lost income.
When to bring your claim
You have three years from the date of the incident to bring a claim. If you only became aware that you had been injured sometime after the actual incident then the three years run from that date. This is known as ‘the date of knowledge’.
The courts do have the discretion to extend this period but only in exceptional circumstances.
You can bring a claim while still serving. We would recommend that you seek legal advice as soon as you are able to do so. Memories can fade, witnesses move on and evidence lost. Starting your claim soon after the incident gives you the best chance of success.
Start your injury from friendly fire claim today
For a full assessment and overview of your claim get in touch with us today.
- Call Diane Davison on 0113 224 7837
- Email: firstname.lastname@example.org
Your claim can be dealt with under a conditional fee agreement. This means that your claim is not successful then, subject to compliance with our terms and conditions, you will not have to pay for the work we have done on your behalf.
To discuss if you are entitled to compensation, please call 0113 224 3837 for a free and no-obligation chat with one of our friendly and experienced lawyers.