Military Injury Claim Process – What to Do After MOD Negligence
Why Military Injury Claims Matter for Veterans
The fundamental nature of military life and warfare carries unavoidable risks, but that does not mean all injuries should be accepted as part of the job. In some instances, particularly where Ministry of Defence (MOD) negligence is involved, personnel may be entitled to pursue legal action and submit a claim against the MoD.
We understand how confusing and intimidating the military injury claim process can seem, especially when you’re balancing military injury rehabilitation and recovery with uncertainty about your future. That’s why at Howe Co Solicitors, we’re committed to providing clear, professional guidance to help injured military and ex-military personnel or their families understand their rights and submit a claim effectively.
What Qualifies as a Military Injury?
Military injuries can take many forms, and not all are immediately visible. For a claim to be valid, the injury must have occurred during the course of service and should be linked to either unsafe working conditions, inadequate equipment, poor training standards, or other failures in duty of care.
Typical examples of qualifying injuries include:
- Physical harm from training accidents or faulty kit
- Hearing loss due to unprotected exposure to loud noise
- PTSD or psychological trauma from active deployment
- Long-term illness caused by exposure to hazardous environments
Examples of Injuries Often Linked to MOD Negligence
| Injury Type | Common Cause |
| Musculoskeletal damage | Poor training procedures |
| Hearing loss | Inadequate protective gear |
| PTSD or anxiety | Lack of mental health support |
| Burns or fractures | Faulty or unsafe equipment |
What is MOD Negligence & When Can You Make a Claim
Negligence by the Ministry of Defence occurs when it fails to meet its legal duty of care towards military personnel. At the same time, certain combat situations are exempt from legal liability under what’s known as “combat immunity,” but many non-combat-related injuries are not protected by this.
Negligence can take various forms, such as failing to provide suitable protective equipment to ignoring clear safety risks during training exercises. It also includes procedural failures, like failing to provide adequate medical support or to act on known issues with vehicles, kits, or infrastructure.
Indicators of MOD Negligence
- Unsafe working conditions that were reported but unresolved
- Poorly maintained or unfit-for-purpose equipment
- Insufficient or improper training before deployment
- Lack of access to mental or physical health services post-injury
Step-by-Step Military Injury Claim Process
Pursuing a military injury claim is a structured legal process. Understanding each stage helps manage expectations and ensures that deadlines are not missed. While every case has unique elements, the general framework follows a consistent path.
We recommend starting the process as soon as the injury occurs or is diagnosed. Early action can prevent evidence from being lost and help ensure your claim is processed within the legal time limits.
Stages in the Claim Process
| Stage | Description |
| 1. Injury Notification | Inform your chain of command and ensure the injury is officially recorded. |
| 2. Evidence Gathering | Collect medical documentation, service records, witness statements, and photographs if relevant. |
| 3. Legal Consultation | Speak to a solicitor experienced in military injury claims to assess case strength. |
| 4. Claim Submission | A formal legal claim is submitted to the MOD with supporting evidence. |
| 5. Negotiation or Litigation | The MOD may agree to settle, or the case may proceed to court if liability is disputed. |
Common Challenges Veterans Face in the Claim Process
Veterans pursuing a military injury claim often encounter practical and emotional barriers that can complicate their journey toward compensation. Understanding these challenges in advance can help manage expectations and encourage proactive steps to minimise their impact.
One common issue is the delay in obtaining key documents. Military records, service history, or medical files may take time to access, particularly if the MOD is slow to respond or disputes the relevance of specific materials.
Common Military Injury Claim Obstacles and Their Impact
| Challenge | Description |
| MOD delays | Slows down claim progress and access to records |
| Lack of clarity on eligibility | May prevent valid claims from being submitted |
| Emotional strain | Can discourage veterans from fully engaging with the legal process |
| Incomplete documentation | Weakens the claim and may result in reduced compensation |
What are the Military Injury Claim Time Limits – When must You Submit a Claim By?
Military injury claims are subject to strict legal deadlines. In most cases, the standard time limit for bringing a claim against the MOD is three years from the date of injury or from the date the injury was first discovered. Failing to act within this window may result in the claim being rejected, regardless of its merits.
However, there are situations where exceptions may apply. For example, in cases involving post-traumatic stress disorder (PTSD) or latent injuries, the clock may start from the moment a formal diagnosis is made, not the date of exposure or incident.
Typical Claim Timeframes
| Scenario | Time Limit to Claim |
| Immediate physical injury | 3 years from the date of injury |
| Delayed diagnosis (e.g. PTSD) | 3 years from the date of diagnosis |
| Claims on behalf of minors | Until 21st birthday |
| Fatal injury claims | 3 years from the date of death or knowledge of negligence |
How Our Team at Howe & Co Supports Veterans
We take pride in providing dedicated legal support to members of the armed forces and veterans affected by service-related injuries. Our team has years of experience in MoD negligence claims.
From the initial consultation and assessment through to the resolution of the claim, we offer a clear and structured approach. Clients receive consistent updates, realistic assessments of their cases, and access to legal professionals who understand the context of military service.
