Investigating any military claim is clearly not going to be straightforward. You will have seen from the vast array of accident circumstances that specialist knowledge of how to handle MoD claims as well as catastrophic injury is necessary.
Liability Investigations
Liability investigations look primarily at who is to blame for an accident. In some cases such as Kieran's Story an individual may be partly to blame for the accident. In these circumstances we enter into negotiations with the MoD to apportion blame. This is done by way of a percentage and at the end of the case it is reflected in the amount of compensation which is paid out. For example if you were 25% at fault for your accident and the MoD were 75% at fault in a case worth in total 1million you would receive 750,000.
Pushing the MoD to allow us to examine a piece of machinery or equipment, visit the site of the accident when it could have taken place anywhere in the world, provide disclosure of documentation and have an expert witness at our side is something the MoD are often reluctant to co-operate with. They clearly don't want civilian lawyers asking questions about technical details of ballistics, jets, tanks and training exercises as they are issues they would rather not have in the public domain, for obvious reasons.
As a result of the many cases Lesley has dealt with, she has developed a relationship with the MoD and their claims handling insurers and Solicitors, which means that they will usually co-operate, providing the facilities and documents needed.
Expert Witnesses
When you are dealing with such complex cases you need a number of expert witnesses to assist you. It can often be a problem locating an expert witness, as you need someone who is recent in his or her knowledge and has service with the MoD to ensure they are completely up to date to give an expert opinion.
Quantum and Rehabilitation
Once you get over the issue of proving liability you can then go on to quantify your claim. This means investigating every need that our client may have to enable them to obtain necessary interim payments to provide rehabilitation in the form of accommodation, care, aids, equipment, transport, holidays and therapies. Once again we involve expert witnesses and treating therapists and medical experts. Our role is to ensure that compensation is maximised and invested so that all our clients' quality of life is preserved and maximised.
For more legal information on military and catastrophic injury cases please contact Lesley Casey.
If you believe that you might have a legal claim relating to Investigating Your Case, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Investigating Your Case.
If you have any comments in relation to Investigating Your Case, please use the online discussion forum.
The memory of your help to us will stay with us and we wish you and Alexander Harris well in the future. Anon, West Midlands.
