Alexander Harris Solicitors
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imageAs to whether service personnel are aware of their legal rights, our experience is that they continue to be badly informed. Injured servicemen are disadvantaged in so many ways, particularly those in the lower ranks, who unfortunately are the ones who most regularly sustain the most serious injuries.

Lack of knowledge
Many of Lesley's clients are male and are aged 18-25 when they sustain their injury. They are young men cut off in their prime and they have a distinct lack of knowledge and vulnerability which is evident. They join the military thinking that everything will be great and up until the point when they are injured it usually is. They are told what to do and when to do it. They are not used to paying their own bills, budgeting and whilst they may have been taught how to use a variety of deadly weapons, they may not all have developed the necessary skills to become streetwise in civilian life, particularly if they joined the military at a young age.

Resistance to claiming compensation
In addition there is still a culture within the MoD, which resists claiming compensation, that you should accept your lot whatever the circumstances. Whilst this view does seem to be decreasing, we still come across cases where clients have been misinformed by Senior Military Personnel regarding their rights. In addition, they can be strung along for some time believing that they will receive a War Pension and that it will provide them with sufficient monies to obtain the suitable adapted accommodation, care and equipment that they will need for the rest of their lives. Others are told that they cannot make a claim for compensation until they actually leave the Armed Forces.

Delays - medical discharge and pension assessment
When someone is so seriously injured that they cannot perform their duties anymore, quite often they are medically discharged. The process of medical discharge and assessment of service personnel for a pension can often take anywhere between 12-24 months. Quite often it is only when someone is awarded a pension and finds themselves back in civilian life, out of the Military in severely changed financial and social circumstances, and profoundly injured, they realise that they may have a claim but by this time valuable time has been lost. Read about Time Limits.

Board of Inquiry
If you are required to give evidence at a Board of Inquiry either as a victim or witness to a serious injury then you are entitled by law to have legal representation. Read more about the Board of Inquiry.

Vigorous Defence
We truly hope that this culture is less apparent as public awareness increases. Fortunately a lot of service personnel find themselves in Regiments where they are given a lot of support and guidance when things go wrong and injuries are sustained. However if litigation is contemplated against the MoD you will be up against civilian insurers and solicitors who clearly take an objective stance of ensuring that the amount of compensation paid out by the Treasury is kept as low as possible. They will therefore defend a case vigorously and you must ensure your solicitor has the necessary skills and experience to match them.


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 Your Legal Rights, please complete the online enquiry form or call 0870 024 0558. Your enquiry will be forwarded to a solicitor who specialises in Your Legal Rights.

If you have any comments in relation to Your Legal Rights, please use the online discussion forum.