Understanding parachuting & aviation injuries
Although known to be very dangerous, parachuting is often something the military provide training for to ensure it is done safely and correctly. However, this does not cancel the fact that due to its hazardous nature, many could face some life-threatening injuries if not conducted properly. The most common aviation injuries are caused by pilot error, mechanical fault and design defect.
Any parachute or aviation injury claim can only be submitted within 3 years of the date of the accident for the court to proceed with this. A 2-year time limit would apply if the injury occurred on an aircraft.
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Why make a claim with TDS Law?
Have you made a claim with the Armed Forces Compensation Scheme (AFCS)?
If you have made a claim with the AFCS do not worry. You are still eligible to make a claim with us even if the settlement by the AFCS was not in your favour.
Why can’t you make a claim if you left the British Army before 1987?
Before 1987, there was a legal rule called “Crown immunity” that protected the Ministry of Defence (MOD) from being sued for personal injury claims brought by military personnel. This meant that if you suffered from any injuries or disease while serving in the military before 1987, you couldn’t file for a claim against the MOD because they were immune from such lawsuits.
However, in 1987, a new law called the Crown Proceedings act was passed, which essentially removed this immunity. This change allowed military personnel to seek compensation for injuries they suffered while serving.
So, if you experienced an injury related to aviation or parachuting during your military service before 1987, unfortunately, you won’t be able to make a compensation claim because the MOD was protected by this legal immunity at that time.
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We understand that each case is unique, and our experienced lawyers work closely with our clients to ensure that we provide the best possible legal representation.
F&Q’s.
Are you uncertain about making a military injury claim? See further common questions below.
The majority of cases we take are resolved out of the court. We handle all the difficult parts for you and gather all the evidence needed for your case to get you the compensation that you deserve.
You won’t incur any costs upfront. Our services are no-win, no-fee, meaning you only pay a percentage if your claim is successful, making it financially risk-free for you.
Whether or not you are eligible to make a military compensation claim will depend on the specific circumstances of your case. In general, you may be able to make a claim if you have developed an illness or condition as a result of your work, and your employer has failed to adequately protect you from the risks associated with your job.
Some common types of Military Compensation Claim include, noise-induced hearing loss claims, Personal Injury claims, Military Medical Negligence claims, Non-Freezing Cold injury claims, Road Traffic Accident claims and Parachute/Aviation Injuries claims.
Please note that, due to crown immunity, the Ministry of Defence (MOD) was protected from personal injury claims brought by military personnel before 1987. As a result, unfortunately, you won’t be able to make a compensation claim for these incidents.
To determine whether you are eligible to make a claim, it is important to consult with our experienced Industrial Disease lawyer who can review the details of your case and advise you on your legal options. They will be able to assess the strength of your claim and help you understand what compensation you may be entitled to.