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Territorial Army Or Reservist Accident Claims Guide

Serving as a Reservist in the army can put you at risk of suffering a territorial army or reservist accident potentially leaving you with life changing injuries. If you sustained an injury whether during a military exercise or while on active duty, a Legal Expert personal injury solicitor can work with you on a No Win No Fee basis.

Military personnel whether serving in the regular army or as a reservist are constantly at risk of suffering a territorial army or reservist accident even though the Army does everything in their power to keep their soldiers safe. An accident may happen during a military exercise, whilst training or when you are on active duty. If you suffered an injury that left you damaged both psychologically and physically, you could be entitled to file an army injury compensation claim.

To find out more about an armed forces compensation scheme and how Legal Expert can help you file a claim, please click on the Select a Section below.

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A Guide To Territorial Army Or Reservist Accident Claims

territorial army or reservist accident

Territorial army/reservist accident

Military accidents happen even though the Army does everything in their power to keep military personnel safe both during training exercises and when they are on active duty. There are several more commonly reported incidents where soldiers are left injured, whether it involves a road traffic accident with military vehicles, a helicopter accident or post traumatic stress disorder to name but three.

Injured soldiers and reservists can claim compensation for their injuries through the armed forces compensation scheme and they can also file for compensation through a civil court. There is a difference in military and territorial army injury claims in that when military personnel are injured whether during exercises or on active duty and they file a claim through the armed forces compensation scheme (AFCS), they do not have to prove the accident was caused by a third party because it is a “no-fault” structure. All that is needed is for injured military personnel to file a military compensation claim form.

At Legal Expert, we have years of experience in handling successful territorial army & reservist accident claims for clients in the past. A personal injury lawyer can walk you through the process providing essential advice on what information and documents is needed for a claim to be started on a No Win No Fee basis when it comes to a territorial army or reservist accident.

What Are Territorial Army Or Army Reservist Accidents?

An Army Reservist or anyone who serves in the Territorial Army (TA) can be called to serve in any operations whether abroad or in the UK and their duty may last up to 12 months. This means they could well find themselves facing the same sort of dangers that a person serving in the Regular Army has to face.

All soldiers and this includes reservists must be protected as far as reasonably possible by the Army when they are on active duty. In short, a soldier’s health and safety must be protected and this includes if you are a reservist. Everyone who serves on active duty whether as a reservist or regular soldier must be given full training and the right equipment to suit a specific purpose.

Should anyone suffer a territorial army or reservist accident or contract an illness during a tour of service whether they are a reservist or someone who normally serves in the Territorial Army, they could be entitled to file an army injury claim. A personal injury lawyer can assess your case to establish whether you can file a claim and receive the level of compensation you rightly deserve for any pain and suffering you had to endure all the while respecting the personal injury claims time limit that may be associated to your specific case.

Can You Claim Compensation If Injured On Active Service?

Whether you joined the Territorial Army (TA) or you are a reservist and you suffered an illness or a territorial army or reservist accident whilst carrying out your duties, you could be entitled to claim compensation. You may have sustained an injury while serving in the UK or abroad, and the incident may have occurred during exercises. However, you may have suffered an injury as a result of the following:

  • While parachuting
  • Mountaineering
  • Abseiling
  • A road traffic accident which involved military vehicles
  • Faulty equipment
  • Faulty weapons

It is worth noting that although the Army does everything in their power to keep you safe during training exercises and whilst you are on active duty, a territorial army or reservist accident could and does happen. Circumstances can leave you injured both physically and psychologically and if this is the case, you could be entitled to compensation providing it can be proved the accident occurred through no fault of your own.

At Legal Expert, we can assess your case before advising you on whether you could claim compensation for the injuries you sustained. A personal injury solicitor would then offer legal advice on whether you could receive armed forces compensation.

We provide a free, initial consultation which allows you to ask questions regarding your claim. There is no obligation to work with us following this initial consultation.

What Should You Do If Injured In The TA Or Army Reserves?

If you feel you could be entitled to compensation following a territorial army or reservist accident that left you injured when serving as a reservist or in the Territorial Army, there are certain things you should do which would strengthen your claim which are detailed below:

  • Make a note of the circumstances surrounding territorial army or reservist accident – having notes to fall back on will help strengthen your case and writing everything down while the events are fresh in your mind means nothing will be left out
  • Medical examination – seeking medical attention following an accident is essential and the medical report on the severity of any injuries you sustained, the required treatment and recovery time would help establish the amount of army injury compensation you may be awarded
  • Witness statements – it is very important to collect witness statements following a territorial army or reservist accident that left you injured This must include names and contact details of anyone who witnessed the incident. Witness statements are needed because they go a long way in strengthening military and territorial army injury claims
  • Expenses – you should keep all records of any expenses you incurred as a result of your injuries. This could include travel costs to and from a hospital for treatments, the cost of prescriptions, the cost of counselling should you need it, care and child costs
  • Photos – having photographic evidence is also important because it provides proof of your injuries, the circumstances surrounding the accident all of which help support military and territorial army injury claims

How To Start A Reservist Or Territorial Army Injury Compensation Claim?

Anyone who is injured while serving as a reservist or in the Territorial Army could be entitled to compensation if it can be proved the accident occurred through no fault of their own. If you need advice on how to start your claim, we have extensive experience in working with people when it comes to establishing liability and making territorial army & reservist accident claims. If you feel you may be entitled to compensation, we can help you through the process and offer a no obligation, free, initial consultation to get things started. We would also be in a position to recommend a local medical professional free of charge should you need to be examined by an independent doctor.

Choosing to work with one of our personal injury solicitors on a No Win No Fee basis, allows us to begin work on your claim without having to ask for any upfront or ongoing fees. You would only need to pay when a court rules in your favour and we would take the agreed fee directly from the amount you are awarded. Should your case be unsuccessful, there would be nothing to pay.

Should I Use The Armed Forces Compensation Scheme?

Many people ask us about the army compensation scheme, which is something the government set up in 2005. It was introduced for men and women who suffer injuries while in the line of duty. The scheme is open to all military personnel which includes reservists in the UK.

It is worth noting that the armed forces compensation scheme (AFCS) is a “no-fault” structure which in short means that should you be injured while in the line of duty, you would not have to that the incident was caused by someone else. You can also file a claim against the MOD even if you make a claim against the AFCS. You would need to complete a military compensation claim form in order to get the process started.

What Types Of Accident Can Happen In The Army Reserve Or Territorial Army?

Serving in the military whether in the regular army, as a reservist or in the Territorial Army is not without its risks. There are certain injuries that are more commonly reported than others and this includes the following:

Non-freezing cold injury

Otherwise known as an NFCI, if suffered a non-freezing cold injury while serving on active duty with the MOD, you could be entitled to file a personal injury civil claim for compensation.

Post-traumatic stress disorder (PTSD)

PSTD is an anxiety disorder that many military personnel suffer as a result of being exposed to frightening, stressful situations while on active duty and where they engage in combat. Suffering PSTD can entitle you to claim army reserve injury compensation.

Brain injury

Anyone who sustains a brain injury while they are serving in the army as well as the RAF or navy, could be entitled to compensation. This applies to loved ones who were injured while serving.

Hearing loss

Hearing loss occurs due to excessive exposure to loud noises while serving in the military. Should your hearing have been negatively impacted while you were on active duty or when you were taking part in military exercises, you could be entitled to file an army injury compensation claim.

Illness or disease

Should you have developed a disease or an illness while in the army due to being in a poorer environment, you may be entitled to file for compensation and the same applies to a loved one who suffers an illness or disease while serving in the military.

Faulty Equipment/weapons

Anyone who serves in the military who suffers an injury as a result of faulty equipment/weapons, could be entitled to file for compensation for their pain and suffering following a territorial army or reservist accident

Road traffic accident involving military vehicles

If you suffered an injury as a result of a road traffic accident involving military vehicles, you may be entitled to file for compensation.

Helicopter accidents

There is a risk of being injured when travelling on a helicopter while serving in the military and if you do sustain an injury, you may be entitled to lodge a claim for compensation.

Territorial Army Soldier Injury Compensation Case Study

A recent case study on a serviceman who was serving in the Territorial Army which is now referred to as Army Reserve, was accused by the MOD of exaggerating the injuries he sustained. However, a firm of personal injury solicitors succeeded in securing a multi-million pound settlement for him having proved the injuries he suffered were life-changing. The Ministry of Defence therefore had to agree to the payout as it was proved the accident could have been avoided.

The young reservist suffered injuries from which he would never recover and which would leave him having to deal with internal injuries, chronic pain, permanent scarring and unable to walk unaided for the rest of his life.

This military accident happened in 2012 during a training exercise where live rounds were being used. The young reservist had been ordered to sleep in poor conditions in a dark, damp, small container with several other military personnel. He was ordered to remove his body armour but was allowed to hold onto a loaded weapon.

Later that night and with only a head torch, tired from the day’s strenuous exercises, the young reservist slipped and fell on the wet floor with his loaded rifle in his hands. The gun went off and the bullet fired passed through his stomach before exiting his back. He was given medical treatment for his injury but decided to contact a firm of personal injury lawyers to seek advice on whether he would be entitled to file an army injury claim.

Taking up his case, the firm of personal injury solicitors contacted the MOD who initially accepted responsibility for the incident. However, the Ministry of Defence then claimed the young reservist was exaggerating the extent of his injuries and that they were not “totally genuine”.

An expert in military accidents from the firm of solicitors argued his case and secured a multi-million settled from the MOD. The amount awarded would go towards adapting his home and would benefit the injured soldier by allowing him to have a state-of-the-art “knee, ankle and foot orthosis” which he would need for the remainder of his life.

This device that allows people who suffer dramatic injuries to walk again but it is not available through the National Health Service which in short means that without the right level of compensation, the young reservist’s life would have been drastically and negatively impacted.

It is worth noting that armed forces compensation scheme rates are based on the severity of an injury and how it negatively impacts a soldier’s life. If you sustain an armed forces injury and would like to know how we can help, an expert army accident personal injury solicitor can walk you through the process of filing a claim.

What Can Be Claimed For After Suffering An Injury In The TA or Army Reserves?

If you suffered an injury while serving as a reservist, you could be entitled to file for armed forces compensation. Discussing your case with a personal injury solicitor allows you to understand what is often a complex legal process. With this in mind, there are certain things that you can add to your territorial army or reservist accident claim which are detailed below:

  • General damages
  • Travel Expenses
  • Medical expenses which includes any treatments that are not available on the NHS
  • Loss of earnings
  • Loss of anticipated earnings
  • Care claim

To find out more and how a No Win No Fee structure takes all the financial pressure off you when it comes to receiving the right sort of legal advice and legal representation, please contact us today.

How Much Compensation Could I Get For An Accident Or Injury In The Army Reserves

The personal injury claim calculator provided below is based on the Judicial College guidelines on amounts awarded in successful claims in the past. It is worth bearing in mind that all military and territorial army injury claims are treated as unique and as such the amount you may be awarded may differ from the amounts shown below:

Edit
Types or Severity of PTSD Compensation Amounts Comments
Severe PTSD £47,000 – £81,000 Can be as high as £400,000 with loss of earnings. PTSD amounts can be higher especially if loss of earnings is added.
Serious PTSD £18,000 – £47,000 This figure represents the seriousness of the disorder but it is not severe enough to warrant maximum figures.
Medium PTSD £5,500 – £18,000 Those who suffer with medium PTSD may make a full recovery in a shorter time than someone with Severe PTSD.
Mild PTSD £3,100 – £5,000 A mild case may only show certain symptoms in their mildest form.
Head Injury £1,650 – £302,500 Minor to very long-term, debilitating, life changing injuries
Brain Damage £11,000 – £1+ million Less severe to life changing injuries
Back injuries A few hundred pounds to £141,150 Less severe injuries where recovery is achieved within 3 months to extremely severe injuries that result in damage to the spine
Arm injuries £5,280 to £104,370 minor
fractures between elbow and wrist to very severe permanent injuries
Spinal injuries £258,740 to £322,060 Injuries involving paralysis tetraplegia
Shoulder injuries up to £6,000 to over £36,500 Dislocations, broken collar bone, broken bones and fractures
Chronic pain £24, 580 to £73,670 Complex regional pain syndrome (CRPS)
Chronic pain £18,480 to £55,240 Other pain disorders
Injuries that result in death (full awareness) £10,000 to £18,890
Loss of benefits £5,500 to £550,000 Awarded when a person is unable to work which results in a loss of income for the time it takes for them to recover
Projected loss of earnings £11,000 to £440,000 Amount awarded depending on how an injury negatively impacts a person’s ability to work

No Win No Fee Territorial Army Or Reservist Accident Claims

Working with a Legal Expert personal injury solicitor on a No Win No Fee basis when filing an army injury claim, takes the onus off having to find the funds to pay for legal advice and to have a firm of lawyers take up your case. Conditional Fee Agreements (CFA) were set in place so that anyone who suffers an injury receives legal representation when they need it which also covers a territorial army or reservist accident.

If you suffered a TA or reservist injury and need to know more about an armed forces compensation scheme, an expert personal injury solicitor is the best person to talk to when it comes to what is needed and how to go about filing a claim whether it’s against the MOD or in a civil court working on a No Win No Fee basis.

To find out more about how Legal Expert can help you with your claim, please contact us today for a free, no obligation consultation.

Why Make A TA Or Reservist Injury Claim With Us

Legal Expert is the UK’s Number 1 go to personal injury solicitors that offers free legal advice and we cover all legal categories including military and territorial army injury claims.

We are nationally recognised and regulated by The Law Society and the Solicitors Regulation Authority (SRA) being the top personal injury claims providers for military accidents.

We make it our goal to win your case whether in court or by negotiating with a defendant’s insurers. Our armed forces compensation scheme calculator helps you understand how much you may be awarded for the pain and suffering you had to endure.

Our free, no obligation consultation and our No Win No Fee structure, takes the pressure and hard work out of knowing if you have a case and finding the funds to pay for expert legal advice at a time when you need it most.

Our claims lines are open 7-days a week, Monday through till Friday from 9am to 9pm so a personal injury solicitor is available to take your call offering free legal advice regarding armed forces compensation.

Start Your Claim By Calling Us For Free

A personal injury solicitor is waiting to take your call with our claims lines being open from 9am to 9pm Monday through till Friday on 0800 073 8804.

By filling out the “call back” form, a personal injury lawyer will call you back as soon as possible.

If more convenient, you can email us at info@legalexpert.co.uk and we will get back to you within 3 hours from Monday to Friday.

Helpful Links And Resources

If you would like to find out even more about personal injury claims, our FAQs article is full of useful information.

The link below takes you the Government website that offers useful information on the Army Compensation Scheme:

Territorial Army and Reservist compensation

The link below takes you to the Government website where you will find all you need to know about armed forces compensation:

All you need to know about Territorial Army and Reservist compensation claims

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