How Long Do I Have to Make a Military Accident Claim?

Can I Claim While I’m Still in the Armed Forces?

Yes. Many claims are started while our clients are still serving, and with the strict time limits in place, it’s advisable not to wait until you’ve left the military.

Some of our clients are understandably worried about bringing a claim while they are still serving, and fear that they will be treated differently by the Chain of Command. But it’s worth noting that it’s unlawful for the MoD to discriminate against people claiming compensation.

There are also several thousand cases ongoing against the MoD at any one time, so there should be no reason to fear negative treatment as a consequence of bringing a claim.

We can assure you that any compensation that’s paid out comes out of a specific budget allocated to dealing with claims, so your unit’s resources won’t be hit if you decide to take legal action.

What’s the Difference between a Civil and AFCS Claim?

The AFCS is a no fault scheme, with compensation paid out on fixed tariffs. Civil personal injury claims require proof of fault against the MoD, and compensation payments are generally higher than under the Armed Forces Compensation Scheme.

There is an interaction between the two types of compensation, with the MoD being entitled to offset from a civil personal injury claim the amount paid under the Armed Forces Compensation Scheme.

Our Military Claims Solicitors can help you deal with AFCS claims where possible, if a civil personal injury claim is ongoing, and will be happy to talk through both options in your free initial claims assessment.